The commonwealth. (Scotland Neck, N.C.) 1896-1929, 1912-09-12
ITNDIMINISHED HOSTILITY TO
TRUSTS.


Extract from message of Governor
Kitchin to Legislature of l9l1.)
Legitimate corporations and joint
stock companies are beneficial and
greatly develop the State, inspiring an
enterprising business spirit, and no one
can speak other than words OF praise
concerning them, but private monopolles
are tyrannical and intolerant. A free
people desiring justice and hating op-
preston should exert their entire govern
mental power to destroy them. Under
our dual system of government the Fed
eral law has sole jurisdiction over inter
state commerce, while the State is SUI
preme over commerce wholly within her
territory. 1t behooves the government
of every State to exert its entire power
! in contributing to the, destruction OF
monopoly, the restoration of competition
| in industrial life, in limiting trust evils.
| in protecting her people, and in com
pelling compliance with and in punish
| ing violations of her laws. l nave
| endeayored to obtain from the several
| solicitors, who have in the last two years
represented the State in the various Ju
dicial districts, definite suggestions
| which in their official experience or
| otherwise have occurred to them as
| proper amendments to strengthen our
| law. One of the ablest has suggested
! that the words 'article or thing OF
value" used in said law probably in
| cluded only tangible things and would
not include telephone and telegraph mes
| sages. Although the Corporation Com
mission has the power to regulate their
charges, I recommend that you consider
! the language used in the statute With
the view of including practices which are
prejudicial to the rights Of the people,
and for the purpose of including rates
and tolls.
I also recommend that subsection "g
be added as follows: For any per-
son. firm, corporation or association to
contract, to combine in the form of trust
or otherwise, or to conspire with any
other person., firm, corporation. or as
!. ISOLATION in restraint of trade, com
merce, or manufacture in this State
!. | further recommend that an add
tional subsection 'h" be added as fol
lows: "For any person, firm, corpora
, ton or association to monopolize OF
; attempt to monopolize or combine OF
conspire with any other person, firm
| corporation or association to mOnopO
:
, or manufacture within this State"
, These two sections recommended are
| the substance of the two most impor
tant sections of the Federal Antitrust
Law.
: 1 recommend that the use of coupons
in packages of merchandise or othel
articles of value be forbidden in thi
, State.
l also recommend that in purchasing
= goods, wares or merchandise for the u.s.
Of the State or any of it's institution
o that it be provided that preference shall
be given to the products of Independent
manufacturers and dealers.
The Constitution places the contro
J.. of all criminal prosecutions in the Su
perior Court in the hands of the dis
trict solicitors.
I recommend that the Governor be au
: thorized to employ special counsel t.
assist Solicitors in prosecutions unde
: our antitrust law, and to employ specia
J agents to investigate the facts upol
: suggestions from a Solicitor that sue
investigation is desirable in any case o
y !, supposed violation of such law, and tina
y ', the Treasurer be authorized to pay tn
= compensation and expenses of such coun
!, - sci and agent out of the public Treas
y nry upon the Auditors warrant issue
, upon the Governors approval. I ais
:, recommend that said law be amended S
u that 40 per cent of the fines collected b
virtue of any prosecution Hereunder b
paid to the Solicitor, such special cour
sci assisting him, and the private prose
}. cutor or prosecutors, if there be any, i
such proportion as the trial court ma
\ adjudge. I also recommend that it b
: provided that any violations of our ant
- trust law shall subject the offender
- penalty of one hundred dollars da,
~ which may be recovered by any citize
- of the State, and that any person, firm
=, corporation or association injured b
~ it's violation shall, upon having his a.
tual damages legally assessed, have
Judgment against the defendant fc
three times such actual damages.