Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-11-22
STATE OFFICIALS
BACK OF COUNCIL
Governor spry and Secretary Of
State Tingey Approve Action
OF Monday Evening.
SHOULD PROBE COAL COMBINE
Law Provides FOR Dissolution of Com.
panics In Combination for Re-
straint of Trade.

Governor William Spry and Secre-
tary Of state Charles S. Tingcy arc
heartily in accord with the action OF
the city council Monday night in In
strnctins the city attorney to take up
the cudgcl in the coal combine fight.
The governor said that ii was good
move and should result bcneicially
while the secretary of state said that
ne was ready nj any time to perform
ms sworn duty in taking action toward
breaking UP the alleged combine
whenever evidence of any such COM
bine was presented to him
Now, | believe they are letting at
II, IN the right way, said Secretary
TingeN, THE city ATTORNEY should con-
Ter with the Commercial club. and to-
getfer the two should procure evil |
uencc of the Illegal combine if there |
Is one, and present these facts to me
Then Will Immediately present the
evidence to the attorney general with
recommendation that action be
started 10 revoke the charter OF the
concerns entering into the combine.
pool or trust
"A mistaken Impression seems to
prevail In some quarters that the
secretary of state has full authority
10 revoke tho charter OF companies
entering into combines in restraint OF
trade or combines that are trusts in
every sense OF the word. The law 10
plain in the matter and II +; I'm 10 tho
courts to finally determine the matter.
III The Injured parties. which In this
ease ~ the public. have reason to be-
Iicve that there Is trust or combine
n erect and force In restraint of trade. =
hey may file their complaint with me, "
!, og ;saI.' with the evidence, and then u
! becomes my duty to notify the or o
ending companies that unless they q
withdraw from the combine within 30 u
AVS their charters will be revoked u
ne FACTS viii be presented to the :,
ttorney-gencral in turn, and he shall az
pply TO the courts for a revocation OF ~, ~.
1cii charters cannot revoke these ~, IN
narters; II is up to the courts to do DC
lat" ar
THE STATE LAW. a az
Sections 1859 and 1860, title G5, OF the in
VS. Of 1907, give tho state officials is
,wer to act. They read az follows:
section 1159--lt shall be the duty of KIN
9 secretary of state. upon satisfac- in
ry evidence that any corporation or sin
ISOLATION of persons. Incorporated or J
Grating under the laws of this state, Sh
entered into amy trust, combination. a
association. as mentioned in the hui
eceding provisions of this title. to Tn
orln such corporation that unless 1t | the
thdraws and sewers all business con- ter
ttions with said trust, combination. Ger
association. It's corporate right and
ncllise will be revoked ut the cx- n
alton OF. thirty days from the date n
such notice.
lection lI6o-'At the expiration of 30 an
IS, If such withdrawal or severance
not heretofore made, the secretary
state shall cause a certified state
NJ of the facts to be filed in the of
OF the attorney general of the state. ~
snail commence. or direct any that
MY attorney in the state to COM Pag
ace an action in any district court tho
Inc statc5of competent jurisdiction. nigh
Iorieit ana revoke the corporate men
us ana franchises of such corpora Ricl
/. On the final decision of the same, Jud,
nc the defendant be found guilty cult
violation of any of the provisions cour
this title. the court shall render terd,
,ment that the charter, corporate facts
u y, ".ii = :, ni,thlscS OF Such corpora was
be revoked and the secretary of 10 ro
shall thcrcupon make publication Pa
ncli revocation in four newspapers were
encral circulation In four of the com
est cities of the state" womi