The Caucasian. (Clinton, N.C.) 188?-1913, 1910-10-06
JUSTICE VI. kITCHIS.
HoItou Gives some Farts Relative To
Charge That lie Was Not ActASe
I'm Prosecutions Against the Trust

I Justices answer 10 your charge
that the Democrats violated their
platform piedge OF the subject OF
trusiag" District Attorney Hoiton
was asked yesterday b. ! DAILY News
reporter.
Il have this 10 say" he replied.
SIR. Justice made this speeeh. no
doubt. for the purpose Of warning /
Governor Kitchin Of the danger Of /
going before the people and attempt |
ing TO make them believe that the
antitrust legislation OF 1909 waa a
with their platform pledge
of 1908. for Governor Kitchin. at
Spray. took the position that sub
Eectlon + as a substitute for sub
section A vas full compliance with
their platform pledge. He said:
This was enacted As an amend
ment. known az subsection +, 10 the
law OF 1907. of the legislative action
taken in this State against monopo-
lies. II is in every respect as clear, as
strong and as effective as sub-sec-
ton 4, and If there be any material
difference between them. which |
deny. IL is in favor of that which
more nearly and clearly follows the
language Of the Democratic conyen-
ton
with this declaration OF Mr..
Kitchin, Mr.. Justice squarely takes
issue in his speech at Madison, where
in he said. as reported in the News
and Observer OF September 18th:
"'Holton says the Democratic par
~ in North Carolina Is responsible
for a toothless antitrust law wren
the truth is every Democrat in the
House in 1907 voted for an effective
law, and every Republican voted
against it, 1t went to the Senate and
every Democrat there but four voted
for 1t, and every Republican voted
against it, and If only one Republic
can had voted for subsection 4 the
trusts operating in North Carolina
could have beeen curbed by prosecu-
tion of any State Superior Court So
licitor. 1t was defeated by the solid
fusion of a very few Democrats with
the unanimous Republican legislative
vote
lis it not remarkable that these
gentlemen who have been so closely
allied in their demands for the exter-
mination of trusts should so widely
differ; but it is evident that Mr.. JUS
tice is correct, for under the anti
trust laws of this State nc prosecu-
tions have been instituted, neither
the solicitors were derelict in their
duty in this respect.
''Mr Justice cannot throw the res
possibility of redeeming this Demo
cratic pledge upon the Republicans,
as he attempts to do.
He had forgotten that he stated
before the Senate Judiciary Commit
tee on February 5, 1909, as reported
in the News and Observer the next
morning:
Three times the substance OF
this bill was voted upon by the House
of Representatives in the Legislature
of 1907, and there were but four
votes out OF 100 cast against the
main features, commonly known as
subsection "A The last time il
passed the House, only two Repub
licans out of 20 voting against the
bill
Again, Mr.. Justice said that I, a:
district attorney, have failed to pros
ecute the trusts under the Sherman
antitrust law. When he said this hi
was ignorant both Of the law and tn,
facts. The law provides that the dis
trict attorney can only proceed undeI
the direction and authority Of the at
torney general of the United States
AS to the facts he knew nothing; 70
the attorney general, after a thor
ough investigation, selected New
York as the place for the prosecu
ton of the American Tobacco Com
pany, and l, as United States Attor
ney, spent much time in this distric
gathering testimony for the prosecu
ton and a number of the witnesse
for the prosecution that were sum
moned to New York were citizens an
residents of this district. The result
of this trial was verdict in favor o
the United States, followed by de
cree of the court dissolving tn
American Tobacco Company, froI
which the company appealed AM
the cause is now pending in the Su
preme Court of the United States.
What excuse can Governor Kitch
in or any Democrat in the State Civ
for their failure to redeem thei
pledges? If they have the law, the
they are woefully derelict in its exc
cution; If they have not the law the
are equally derelict in observing tn
platform pledges. Mr.. Justice said
TRUSTS can be destroyed b
either the State or the National Coy
eminent. The failure to destroy theI
is due to a lack Of understanding Q
sincere purpose to do So
Further on he is quoted as say
ing:
Let it be understood that tn