The French Broad hustler. [volume] (Hendersonville, N.C.) 1896-1912, 1909-02-18
KITGHIN ON Trusts
Sends Message to the LegiS-
Iature.
IN ACCORD WITH PLATFORM
Urges Amendment of Antitrust
Law of 1907-Give Attorney Gen
eral Adequate Opportunities.

After a brief introduction of tn,
subject the Governor says: GA
opinion has been placed before thu
people in the press, that the presen
law cannot be enforced, though moth
ing was suggested to strengthen o.
render the law enforceable. I con
ceive that whatever difficulty exists
is largely in the machinery for its
enforcement. Two years ago many
able legislators thoroughly consider.
I'd antitrust legislation. All realiz-
ID the difficulty of the States coping
with the evil against which their eff
forts were aimed. A bill was con-
sidered, which by its supporters was
thought the best that could be, devils
ed. 1t became a law in all its es-
sential features save one"
He quotes from the last Demo-
cratic platform these words:
Private monopolies should be de-
stroyed. Conspiracies by prospective
purchasers to put down or keep down
the prices Of articles produced by the
labor of others, should be made Grim
inal, and all persons or corporations
entering into such conspiracies should
be punished"
The Governor says the opportunity
has come to nuke such conspiracies
criminal and to prescribe punishment
for such c~onspirators.
Failure to make such conspiracies
criminal can be justified only in ease
it can be clearly demonstrated that
the convention was wrong in adopting
such a platform.
ga mere statement of the PROPOSE
ton that a conspiracy by purchasers
to put down the price of an article
produced by the labor of others, is
wrong, is so clear and convincing IN
its simplicity, that it would seem idle
to argue its justice to any American
legislative body. Every community
which produces more than its people
consume, must suffer the oppression
that comes from any artificial 1a-
preston of the price of its products.
A community producing peanuts, cot
ton, tobacco, wheat, lumber, or other
article in excess of its ofn consump-
ton of such article, its unjustly de-
prlved of material wealth, hindered
its industrial development, weaken
ed In Its revenues, injured in its edu-
c%ational progress, and crippled in all
its social life, by conspiracy of men
or corporation, which puts down the
price of such article. The Universally
acknowledged principle of self de-
Tense, applicable to States as indivi-
duals, would destroy a conspiracy so
in its effect and so general
In its blight. The duty of REFRESHING
wrong and protecting those who cau-
not protect themselves, requires the
law makers to put the whole power Of
the State against such conspiracies. l
therefore recommend that the General
Assembly comply with that declara-
ton, because it is right and ought to
be the law, and because the dominant
party is pledged to its enactment;
and I also recommend that the put
ting down or keeping down by pur-
chasers of the prices of articles pro-
duced by the labor of others. in pur-
suance of such conspiracy, be made
criminal.
Assuming, as I do assume, that
the General Assembl~ will amend the
-aw in accordance with the specific
platform utterances. I recommend
hat the Attorney General be given
he power and charged with the duty
% institute action, civil or criminal,
the Superior Courts of this State
Wake county. or in any other coun-
of his selection, in any and all
Eases of violation of any of our anti
rust laws, or any amendments to
hem. Where such laws are violated
most, it may be difficult to have sue
prosecutions, on account Of
he fear and favor which the wrong
inspire and exert In the COM
"I m of the opinion that after per-
Getting, as far as possible, our anti
rust laws, declaring the offenses and
Prescribing the penalties, it IS i'm
,ortant and even essential, to confer
Ipon the Attorney General the duty
# undertaking its enforcement, and
f selecting the venue subject to the
'ower of the court to removal in its
discretion, for proper cause, and of
him every proper authority Of
occurring evidence, including the COM
production of books and pa
,ers, the examination of witnesses
to trial, and all other powers
appropriate to the full discharge of
in the faithful execution of the
aw. Respectfully submitted,
W. W. KITCHIN, Governor.
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