The French Broad hustler. [volume] (Hendersonville, N.C.) 1896-1912, 1910-11-03
EEGISLA.I
TION ENACTED BY
LAST LEGISLATURE

Industrial and commercial monopo-
lies and conspiracies in restraint of
trade, commonly called trusts, which
thave been unlawful, have grown to
| gigantic proportions and claim the
world as their field of operation. The
democratic party, true to its princi-
Piles and traditions, has fought and
will continue to fight with relentless
zeal his form of oppression. The
democratic legislature of 1907 enacted
a comprehensive antitrust law and
lextended the rules of evidence and of
criminal procedure in order to meet
the evil. Every provision which was
ldeemed 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
/ 40OO dSSCL1lDlOug II was lIOuSuI UHdI
the law might be strengthened, and
accordingly the following declaration
was written into the platform OF the
party:
Private monopolies should be de-
lstroyed. C~onspiracies 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 conspfracies should
be punished; and we condemn in ev-
cry form subsidies, g%ratuities, bon-
uses, trusts and monopolies5 and they
should not be tolerated."
This declaration of the party led
to he enactment of Subsection F,55
which makes criminal the following:
"f) 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 this state in antitrust
legislation. Nothing has since trans
pired to show that the amended
statute is not adequate to reach the
evil, or that the machinery provided
for it's enforcement is not SUFFICIENT.
The democratic convention of 1910,
in the platform of the party, again
reiterated it's often repeated hostility
to trusts in the following language:
Private monopolies in restraint of
ftrade are inconsistent with the
growth and development Of internal
affairs of the state and the liberties
of the people, and should not be al
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 inn
POSSIBLE"
iTher are; under our constitution,
Ibht two classes of officials who are for
Lean be charged with originating a
Terminal prosecution such as here
considered They are the solicitors
ana the grand Jurors; and even if a
solicitor should originate a prosecu-
tion by drawing a bill of Indictment,
1t 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 af-
fidavit of some person acting as a
private citizen; and wen if one should
be started this way, it cannot proceed
unless the grand jury approve it.
The following is a synopsis of, the
antitrust law of North q. arolfna, as
amended by the legislature of 1909.
being chapters 21S and 218! 1907
and chapter 448, Laws of 1909, togeth-
err with the statute extending the
rules of evidence and criminal proceed
ure respecting this class of crimes:
What the Democratic Antitrust
Law Does.
It makes it indictable:
l. To make a sale of goods pom 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 of
the trust was its requirement that the
merchant should handle its goods to
the exclusion of the goods of all conn
petitors. This is no longer possible.
= 2. To directly or indirectly destroy
or attempt to destroy the business of
49, 44EEI