Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-08-29
WANlPR0BE0 OF
WAR PRICES

Wnu InkUkU
States Attorney Berndt in Re-
spouse 10 Inquiries, States
Powers Of Office.
The following Communication from
States Attorney H.sR. Berndt, relative
to the duties of his Office in connec-
ton with the prevailing '.wWar prices"
is self-explanatory: sFF .i
Editor Bismarck Tribune,
Bismarck, North Dakota.
Dear Sir: \
Quite a few inquiries, concerning
advancements in prices Of food, arti-
cles OF merchandise, meat and other
commodities, have been made, and in
some instances the pertinent question
has been asked why nothing Is done
and no inquiry started ~ this Office?
Hence, as It is not possible for me
to explain to- every person who may
be- interested In the matter, and since
the question apparently is one of vital
interest, to all, I'venture to address
myself to you with full confidence that
you may find 1t compatible with the
customs and susages' OF your paper to
give, II not all, at least, the salient
features hereof, such space In your
columns as you may deem necessary,
To begin with, the states attorneys
Office of the Severalc counties In this
state have not, SO far as am aware
Of, been invested by law, with inQuis-
itorial powers in regard to such mat
tiers. although it has been broadly in
timated to me that other states attor-
neys are SO doing, but no particular
instance couldsbe pointed out. In 9th.
er words, the alleged claim fell fiat,
because Of inability to substantiate it,
and with perhaps no better foundation
than the wish being father to the
thought. E, r{f# "A
AS a further proposition, l am not
prepared to say that any laws of this
state have been violated, unless it
could be shown that such alleged VIC
lation related to either trade discrim-
nation and unfair competition, or to
pools and trusts, and prosecutions Of
that character appertain to the Office
of the honorable attorney general, yet
no provision Of the statutes invests
him with inquisitorial powers.
In the absence Of specific com
plants, evidence to sustain alleged
facts of violations of Chapter 258 OF
the Session LSws Of 1907, as amend
ed by Ohapt.r 287 of the Session Laws
Of 1913; or OF Chapter 259 of the Ses-,
sion Laws of 1907; or of Chapter 26O
of the said Session Laws OF 1907. with
a view to appropriate prosecution, i
fail to see how it could be done.
Functions Of Grand Jury.
Grand juries are not at the beck
and call Of either the attorney general
nor the states attorneys Of the differ
ent counties, and may only be called
to attend any session OF the, district
court, when so directed by the dis
trict Judge, byAar' ordersin2writing un:
der his hand and filed with the clerk
Of the court for the county wherein
required to attend, and may be so by
him ordered, whenever he shall deem
the attendance Of such grand jury
necessary for the due enforcement OF
the laws Of the state; When the
board Of county commissioners of the
county wherein the court is to be held,
in writing, requests him so to do;
When q petition in writing requesting
the same Is presented to the Judge,
signed by at least 10 per cent of the
total male vote cast in said county
for the office of governor Of the state
at the last general election preceding
the calling of such grand jury.
If there are operating in this coun
ty any foreign, or domestic corpora
tons, or any partnerships, associa-
tons, or individuals, either creating,
entering into, being party, or a men,
Der Of any pool, OF trust, OF parties to
any agreement, contract, combination,
Or confederation for the regulation
Or fixing the price of any article Of
merchandise. commodity, or property,
or for the fixing or limiting the
amount or quantity of any article,
property, merchandise or commodity,
to be manufactured, produced, ex-
changed or sold, I have been, am now
and shall continue to be ready to re-
ceive such information, if laid before
me in q proper manner, with a view
to appropriate action thereon. under
either of the statutes mentioned, but
cannot act upon information and be-
lief only, either upon my own initia.
tive, or with a view Of submitting the
matters 10 sthe attorney general, or the
Judge Of the district court to bring
about q grand jury inquiry, II any
trade discrimination and unfair com
petition, the existence of pools, Or
trusts, or commercial discrimination,
should be disclosed, and shall shirk no
duty to sift the matter without fear
or favor to anyone, and to that end 1
respectfully ask that everybody hav-
Ing knowledge Of the alleged existing
OF evils come forward and let us hear
what they have to offer for the good
Of all concerned, instead of remaining
in the background and by aspersions
and %insinuations reflect upon their