The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1910-11-03
ANTITRUST LEGISLA.|
ton ENACTED By
LAST LEGISLATURE


lies and conspiracies in restraint of
trade, commonly called trusts, which
have been unlawful have grown to
gigantic proportions and claim the
! world as their field of operation. The
democratic party, true to its princi-
| pies and traditions, has fought and
will continue to fight with relentless
| zeal this form of oppression. The
| democratic legislature of 1907 enacted
a comprehensive antitrust law and
extended the rules of evidence and of
criminal procedure in order to meet
the evil. Every provision which was
deemed vital was incorporated in these
| acts of 1907 except that known as
| Subsection A." which makes GRIM
! inal the following:
''(a) For any person, firm, corpora
| ton or association to make or have
any agreement, express or implied, to
lower or prevent the increase in price
of any article or thing of value which
any such person, firm, corporation or
association may desire to purchase
| within the state of North Carolina"
When the democratic convention of
1908 assembled, it was thought that
the law might be strengthened, and
accordingly the following declaratio
was written into the platform of the
party:
! 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 cOnspiraces should
be punished; and we condemn in ev-
cry form subsidies, gratuities bon
uses, trusts and mOnopoIies, and they
should not be tolerated.
| This declaration of the party led
to the enactment of subsection F.55
which makes criminal the following:
| go For any person, firm. corpora
| ton or association to cOnspire with
any other person, firm. corporation or
association to put down or keep down
the price OF any article produced in
this state by the labor of others,
which said article the said person
firm, corporation or association intends
to buv"
This marks the farthest advance
ever made in his state in antitrust
| Legislation. Nothing has since trans
pircd to show that the amended
statute is not adequate to reach the
evil, or that the machinery provided
for its enforcement is not SUFFICIENT.
| The democratic convention of 1910
in the platform of the party, again
reiterated its often repeated hostility
to trusts in the following language:
Private mOnOpOics in restraint Of
trade are inconsistent with the
growth and development of internal
affairs of the state and the liberties
of the people, and should not be all
lowed. We are opposed to illegal
combinations in restraint of trade,
trusts and monopolies. and favor the
enactment and enforcement by the
state and national government of such
laws as will make their existence i'm
possible"
Their are, under our constitution,
but two classes of officials who are or
can be charged with originating a
criminal prosecution such as here
considered. They are the solicitors
and the grand jurors: and even if a
solicitor should originate prosecu-
ton by drawing a bill of Indictment.
II it must fail unless the grand jury
agrees to it. There is but one other
way that such a prosecution can be
commenced. and that is by an at
|
private citizen; and even if one should
} be started this way, it cannot proceed
t unless the grand jury approve it,
, The following is a synopsis OF the
antitrust law of North arolina as
amended by the Legislature OF 1899.
being chapters rs and PIG, Laws 1907,
and chapter AIS Laws of 1909. togcth-
: err with the statute extending the
rules of evidence and criminal proceed
ure respecting this class Of crimes:
What the Democratic Antitrust
Law Does.
| 1t makes il indiCtable:
| l. To make d sale of goods upon the
> condition that the purchaser shall not
deal in the goods of a competitor
Before the enactment of this law the
most terrible weapon in the hands oi
= the trust was its requirement that the
. merchant should handle its goods tC
I the exclusion Of the goods of all com
p petitors. This is no longer possible,
- . To directly or indirectly destro!
or attempt to destroy the business Of