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The Clarion-Ledger from Jackson, Mississippi • Page 1

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The Clarion-Ledger. THE CLARION, Established 1837. STATE LEDGER, Established 1871. A NEW CONSTITUTION. OPINIONS OF SENATORS AND REPRESENTATIVES.

Various Expressions as to the bility of Holding a Constitutional Convention---Opinions: Differ Exceedingly. The CLARION-LEDGER continues its interviews with members of the Legislature regarding a Constitutional Convention. One hundred and eighteen members of the House were interviewed. Of the number 48 favored calling the Convention by the Legislature; 13 favored 1 submitting the call to the people; 47 opposed the Convention; 10 were 2 were absent: Hon. Allen Talbert, of Benton and am in favor of a new pah: Constitution, but oppose the calling of a Convention deference to the opinions of my constitute enta." Hon.

J. H. Sharp, of Lowndes: "Anti, but no obstructionist Hon. D. B.

Seal, of Hancock: "I am in favor of a Convention." E. D. Terry, of Leake: "I am in favor of calling the Convention direct by the Legislature." Hon. W. V.

Moore, of Yalobusha: opposed to a Convention; think it an expensive experiment that would likely create diasension." Hon. Archie Fairly, of Lawrence: "I am opposed to the Legislature calling a convention, but a bill submitting it to the people." Hon. B. D. Simpson, of Benton: "I favor submitting the question of a call for a Convention to the people." Hon.

H. J. Reid, of Holmes: "I am in favor of calling a Convention." Hon. W. A.

Loflin, of Rankin: "I am opposed to calling a Convention, but prefer to submit the objectionable features by amendments." Hon.Joseph Griffin, of Calhoun: "Personally I am; opposed to it, and uninstructed as I am will vote against, but favor amending the Constitution." Hon. C. J. Jones, of Issequana: "I am opposed to it." Hon. D.

W. McLeod, of Greene: "I favor the calling of a Convention, after the Constitution is framed, favor submitting it to the people for Hon. L. S. Terry, A am for a Convention; opposed to patching the old form with amendments." Hon.

R. R. Applewhite, of Lincoln: am for it." Hon. T. J.

O' Neal, of Noxubee: "I doubt the expediency of it, but am willing to acquiesce in the judgment of the majority." Hon. R. E. Houston, Monroe: "My people are divided, but I am undicided until I hear the matter discussed." Hon. A.

S. Yarborough, of Panola: "As a disturbing element, I recognize it and would be rid of it." Hon. T. C. Dockery, of De Soto: "I have not been particularly in favor of a Constitutional Convention, having had doubts as to 1 1 the good results: but I believe it is to be agitated have it, and think the sooner we have it the better.

1t should be submitted to the people for ratification." Hon. S. Lasley Rodgers, of Tishomingo: "My constituents are opposed to a Constitational Convention. and with the present lights before me I will represent their views." Hon. W.

A. Hartsfield, of Itawamba: "I oppose a Constitutional Convention from the fact that the question was not vassed before my people; and because I know the leading men of my county are opposed to it upon the ground of expense, but I am in favor of amending the Constitation." Hon. John Casey, of Washington: "Believing that the question will be before the people till disposed of, I favor a Constitational Convention." W. Y. Baker, of Alcorn: "I am pledged to my people to vote against a Constitutional Convention; besides I am opposed on principle.

All necessary changes can be effected by amendments." Hon. C. M. Thomas, of Noxabee: "I am in favor of a Constitutional Convention, and think the white people of the State ought to make a constitution for themselves." Hon. J.T.

Gewin, of Kemper: "I am for a Constitutional Convention; believing the organic law needs changing." Hon. Wm. McSwine, of Grenada: "I opposed to calling a Constitutional vention." Hon. Jeff. D.

Potter, of Pontotoo: am strongly in favor of a Constitution 2 Convention." Hon. T. W. Davidson, of Clay "I favor a Constitutional Convention, but think the people should be allowed to vote for calling and ratifying it." Hon. Sam C.

Cook: "I am opposed to the Constitutional Convention, because I can see no good which could result therefrom, and know that it would be a disappointment, and fear would do much harm Hon. B. P. Washington, of Oktibbeha: "I am in favor of Hon. S.

0. Muldrow, of Oktibbeha: "I am in favor of it if we can accomplish certain purposes." Hon. D. M. Taylor, of Wayne: "I am in favor of it if Ican see we can get what the people want." Hon, J.

W. Winter, of Chickasaw: "I am for a Constitational Convention. Think the Legislature should call it and that the Constitation should be ratified by the people." Hon. Pat. Henry, of Rankin: "I am in favor of the Legislature ordering an early call for a Convention." Hon.

L. W. Williamson, of DeSoto, deelined to express an opinion. Hon. T.

W. Sullivan, of Carroll: "I am in favor of calling a Convention by the Legislature, but opposed to submitting the call to the people." Hon. E. L. Conger, of Carroll: "I am in favor of calling a Convention direct by the Legislature." Hon.

T. J. Millsaps, of Copiah: "I Am instructed to vote for a Convention." Hon. Robert Powell, of Madison: "I am for it first, last and all the time." Hon. I.

Blount, of Yalobusha and Calhoun: "I am against a Constitutional Convention. The question was made an issue in my county during the last vass." Hon. J. H. Jones, of Panola: "I am satisfied my people favor a Convention, and shall vote for it, but prefer that the question should be submitted to the people." Hon.

J. A. Cooper, of Quitman: vote to carry out their wishes, people oppose a Convention, and I shall though personally I favor a Convention." Hon. G. N.

Harris, of Panola: "I am for a Constitutional Convention until the op- JACKSON. ponents show reason why we should not have one." Hon. Ed. S. Watson, of Marshall: "I am in favor of amending the Constitution, to secure a more economical ment.

If this cannot be done I reserve my views whether 1, shall vote for or against Convention." Hon. G. M. Marshall, of Adams: "My county is opposed to a Constitutional Convention and I shall vote Hon. R.

N. Frazier, of Union: "I am opposed to a Constitutional Convention." Hon. L. Stainton, of Neshoba: "I am for a Convention to change the organic law of the State." in favor of a Convention." Hon. T.

A. Magee, of Franklin: "I am Hon. L. Robinson, of Choctaw: "I am for it because my people favor it." Hon. J.

M. Kelly, of Yazoo: "I am open to conviction, but am rather disposed to oppose a Convention." Hon. J. T. Brown, of Marshall.

"I favor a Convention, but think should be referred to the people." Hon. W. A. Dickson, of Wilkinson: "My own views correspond with of my people, and I shall favor a Constituticnal Convention." Hon. J.

H. Beeman, of Scott: "I am in favor of calling a Convention, but opposed to submitting the question to the people." Hon. J. B. Johnston, of Clarke: "I am in favor of calling a Constitutional Convention, first, last and all the time, but think it should be submitted to the people for ratification." Hon.

J. F. Sexton, of Copiah: "I a am in favor of calling a Convention by the Legislature, but favor submitting the Constitution to the people for retification." Hon. W. A.

Loflin of Rankin: "Utterly opposed to calling a Constitutional Con vention, as I can see no good reason for it." Hon. C. H. Perkins, of Yazoo: "I am opposed to a Constitutional Convention, first, last and all the time." Hon. W.

H. Bizzell, of Tate: "I am opposed to a Constitutional Convention." opposed a Constitutional Convention." Hon. Rio Tunica: "I am Hon. E. Alexander, of Prentiss: "I am in favor of amendments if we can get them.

If not, I favor calling Constitutional Convention." Hon. J. M. Trice, of Chickasaw: "I have favored a Constitutional Convention for fifteen years. I want the Legislature to call Hon.

J. G. Leggett, of Pike: "If we can obtain relief by amendments, I am opposed to a Constitutional Convention, otherwise I shall favor it." Hon. T. B.

Bradford, of Lowndes: "I opposed the Convention in the canvass in county, and see no reason why I should now change my opinion, and expect to vote against it." Hon. L. D. Landrum, of Lowndes: "I am opposed to it. and think the effect of calling a Convention would be to bring the negro back into politics and to create a new party." Hon.

C. M. Edmondson, of Covington: "I am opposed to a Constitutional Convention; seeing no necessity for one." Hon. U. S.

Roberts, of Leake: "I favor a Constitutional Convention. I prefer that the question be to a direct vote of the people." "Put me favoring a Constitutional Hon. Fielders Webster, of Lafayette: Convention; my constituents want it." Hon. B. Smith, of Simpson: "I have always favored a Constitutional Convention, and shall vote for it, unless something occars to change my views." Hon.

T. M. Griffin, of Hinds: "I shall oppose a Constitutional Convention." Hon. T. A.

Boggan, of Lee: "I made the canvass in opposition to a Constitutional Convention, and shall vote against it." Hon. H. Peyton, of Hinds: 'I doubt the wisdom of holding a Constitutional Convention. I do not believe that we can get relief, as to the question of negro suffrage from a Convention. There may be some defects in our Constitution, but I believe they can be cured without a Constitutional Convention." Hon.

G. W. Dudley, of Webster: "I am unreservedly opposed to a Constitutional Convention. In the primary canvass I took this position and received nearly two-thirds the votes cast oyer an opponent who favored the Convention. Since then our County Alliance by vote of 18 to 12 cided against a Convention." Hon.

A. Arrington, of Jones: "I favor the calling of a Constitutional Convention, and submitting it to the people for ratification or rejection." Hon G. H. Olivur, of Coahoma: "I am opposed to a Constitutional Convention because the present Constitution has met all of the demands of the people for many years." Hon. W.

B. Gunn, of Clay: "I don't feel warranted in voting for a Convention direct, but will support a bill referring the question to the people, and the election of delegates at the same time." Hon. T. A. Oliphant, of Monroe: "With present lights before me I am opposed to a Convention, but open to conviction on this as on other questions" Hon.

Pitta, of Pontotoc: "I am disposed to favor Convention." Hon. H. M. Street, of Lauderdale: "I am favorable to a Constitutional Convention, but not unconditionally so." Hon. L.

C. Moore, of Bolivar: "I am opposed to it." Hon. G. F. Bowles, of Adams: "I am analterably opposed to calling a Constitutional Convention, for the reason that it will entail an unnecessary expense.

There is no necessity for one, and if there are any objectionaule features in it they can be cured by amendments." Hon. J. P. Allen, of Attala I see it cannot he amended, I am in favor of 8 Constitutional Convention." Hon. 8.

S. Hudson, of Yazoo: "I am opposed to a Constitutional Convention. I believe it to he a dangerous, useless and expensive Hon. J. P.

Taylor, of Montgomery: "I am for a Constitutional Convenvention. J. F. Fitzgerald, of Hinds "I am in favor of a Convention." Hon. J.

L. Cotton, of Holmes I favor the calling of a Constitutional Uonvention." Hon. W. J. Watlington, of Yazoo and Holines "I am opposed to it; don't think it could acoumplish any good." Hon.

A. D. Draughon, of Perry: "My people want a Constitutional Convention. If they want an earthquake and it is in my power to give it to them, they shall have it." Hon. T.

V. Noland, of Wilkinson, de clines to be interviewed, as he is chairman of the Constitutional Convention Committee. Hon. J. H.

Brabston, of Warren: "I voted against it two years ago, and see no reason to change my views now; I believe the evils complained of can be reached by amendments." MISSISSIPPI. THURSDAY, JANUARY Hon. T. G. Birchett.

of Warren: "I am opposed to a Constitutional Convention. think the evils can be cared by ments." Hon. J. R. Childress, of Madison: "I am for the Convention." Hon.

E. N. Thomas, of Washington: "I shall vote against a Constitutional Convention, for I am willing to let well enough alone." Hon. John F. Harris, of Washington: "I am opposed Convention." Hon.

J. R. Paryear, of Tate: Declines to be interviewed. Says his people are divi- ded. Hon.

J. A. J. Hart, of Lincoln: "I am in favor of calling a Convention." Hon. W.

D. Witherspoon, of Lauderdale: "I am in favor of a Convention. I think the times demand that the people of the State should make an honest effort to solve the so-called negro problem." Hon. W. R.

Denton, of Lauderdalo: "With the lights before me now I shall vote for it." Hon. A. M. West, of Marshall, declines to be interviewed. Hon.

T. L. Darden, of Jefferson "My people are divided, and I will wait till the question is discussed before making up my mind." Hon. L. W.

Magruder, of Warren, declines to express opinion. Hon. G. W. Butler, of Sharkey, declines to announce his position before the measure is discussed.

Hon. J. H. Reagan, of Newton: "I am in favor of a Constitutional Convention and think the Legislature should call it." Hon. J.

M. Foxworth, of Marion "I am in favor of a Constitational Convention if the call for it is submitted to a vote of the people, delegates to be chosen at the same time." Hon. J. M. Pelham, of Jackson "When the question is further discussed, if I consider it to the interest of my people and State I will vote for it, otherwise, I will oppose it.

I shall oppose any educational qualification. I am in favor of submitting it to the people. Hon. E. Rowe and Hon.

T. R. Baird having returned yesterday, were interviewed regarding a Constitutional Convention, the former the latter opposing it. The resolution of Senator Dodds, to test the sense of the Senate on the subject of a Constitution Convention, together with the substitute of Senator Jayne, having been referred to the Committee on Constitution, it will not be out of place to publish the views of Senators so far as obtained: Hon. G.

A. Wilson, of the Sixteenth am in favor of a Constitutional Convention. There are many important changes demanded to suit our changed and changing institutions. No fears need be entertained that the Convention will do harmful or silly things. The white people of Mississippi are as competent to-day to manage their affairs as they, were when they formulated the first Constitution." Hon.

A. M. Hicks, from the Twentyfourth District: "I am opposed to a Constitutional Convention. The people of my District are almost a unit against," Hon. H.

Bloomfield, from the Thirtyfirst District: "I shall vote egainst calling a Constitutional Convention." Hon. A. Taylor from the Fifth District: "On the subject of a Constitutional Convention I am personally indifferent It held some good may he accomplishedbut on the other hand their is a probability of harm being done. I a am bitterly opposed to some of the changes advocated by the friends of the measure such as an elective judiciary. On the whole as my people in Tate and Tunica are opposed to the Convention being held I shall vote no.

Hon. J. C. Bardine, from the Eleventh District: "I am against a Constitutional Convention, because the friends of the measure are not agreed among themselves as to what they want." Hon. J.

C. Neilson, from the Twelfth District: "I am opposed to a Constitutional Convention; I think the needed changes can be made by amendments." Hon. J. L. Turnage, of the Eleventh District: "I favor a Constitutional Convention: I would prefer a bill submitting the question to the people." Hon.

George S. Dodds, from the Thirtyeighth District: "I am for it. My county instructed me to favor a Convention." Senator Wharton, from the Tenth District: "I favor a Constitutional Convention." Senator Southworth, from the Fourteenth District "I shall vote for a bill calling a Constitutional Convention Senator Martin, from the -third District: "I have always opposed the ing of a Constitutional Convention." Senator Cutrer, from the Ninth District: "I am opposed to it." Senator McKinney, from the Third District: "I am undecided." Senator Thrasher, from the TwentyDistrict: "I am opposed to a Constitational, and shall so vote." Ford, from the -second District: "I shall vote against a Constitutional Convention." Sen aor Ferguson, from the Thirtyseventh district: "I am decidedly in favor of a Constitational Convention." Senator Kendrick, from the First District: "I am opposed to a Constitutional Convention." Senator Jayne, from the Fifteenth District: "I am against Senator Groves from the Seventeenth District: "I am for the Convention to prepare a Constitution." Senator Byrd, from the Twenty-first District: "I shall vote for a bill calling a Convention Senator Guice, from the Thirty-fourth District: "I am 88 much opposed to it nOW 88 I was last session." Senator Lamar, from the Eighth District: "I am favorable to a Constitutional Convention." Hon: W. Hill, from the Twenty-860ond District: "I shall carry out wishes of my people by voting for a bill calling a Constitutional Convention." Hon. L.

A. Montgomery, from the Thirteenth District: "I have not made up my mind as to the question." Hon. J. H. Jonee, from the Thirty- fifth District: "I am instrueted to vote for 8 Constitational Convention." Senator Fairly, from the District: "I am opposed to a Constitation-ninth al Convention, but willing to submit it to a vote of the people." Senator Rodgers, from the Eighteenth District: "I favor a Convention." Senator Dean, from the Seventh District: "I am in favor of calling a Constitutional Convention Senator Carothers, from the Sixth District: "I not submit to an interview while the question is pending before the Senate." Senator MoLeod, from the Thirty-sixth 23, 1890.

THE GREAT QUESTION. A RECAPITULATION OF ARGUMENTS PRO AND CON. The Paper Upon Which the Present Constitution Was Written Still Smells Very Bad--No Danger at all of a "Howling Editor of the Clarion-Ledger: I have been carefully watching, the discassion this great Mississippians, great and small, for the last two years and have quite a collection of arguments for and against it, which, but for their great length I would ask you to give again to your readers in a form which would enable the most careless and indifferent man in the State to judge for himself what his action should be. I will thus summarize these arguments as I conceive fairly. Before doing this, however, it will be well to state that I have not yet seen a word worth calling such from any one serting that the present constitution is perfect and needs no amendment.

In fact, is a fact, that every would-be leader of public thought has with singular unanimity admitted that the State sadly needs an amended constitution, fully with the spirit of the" age but with the in political, science and proadvance viding fully for conditions which twenty years of political life have brought on us, and the that the present Constitution was mainly the work of aliens and strangers, who had no social or pecuniary interest in the State, then or since, and was thrust upon us more by the power of the National Government than by the action of the sober, intelligent, tax paying citizenship of the State, seems still to be a stench in the nostrils all that class who think with the fathers that our Government is, and should be "Of the people, for the people and BY the people," most of them would rejoice if the odor, which still attaches to the very paper on which it was written, could be purged from it, and the breath of its hot-bed origin should cease to stain the escutcheon we inherited. There are differences as to what changes should be made, and but I repeat not one word from' any respectable source has yet fallen under my eye which declares no change is needed. Some think the Legislature is competent for the work, others that a Convention is the short-hand American way of getting at the matter, some seem to think it will be awfully expensive. While others think that $25.000 or $30,000 would cover all the cost; some seem to think a very "storm" of excitement would created which would uproot the very foundation of society and dump the whole. State into the boiling, say waters all our of the sister Mississippi, Southern States while have held Constitutior al Conventions in the last few years and the placid waters of their governments have closed over all threatened troubles and they are moving on, if any thing more smoothly than ever, and our people are just as intelligent, patriotic and law abiding as any of them and there is no reason why all differences of opinion should not be just as harmoniously settled as they were with them.

They met the franchise question, the elective judiciary question and every other question which could possibly agitate us and there was the best of good feeling with all. There were threats of a "howling cyclone" with them, but when the convention met the social and political sky was all serene, and so it will be with us. Our State Farmer'e Alliance at its late meeting, unanimously called for a convention and their memorial on trusts and other subjects was to day received in the most pleasant and cordial manner by both Houses of our State Legislature and their committee treated with great courtesy, for which they return sincere thanks. This body of Alliance men was made up of over one hundred thinkivg, active farmers of the State, many of whom had had experience with constitution making in this and other States. Yet they very boldly faced all these threatened dangers to society and asked our Legislature for a convention no matter what the cost or dangers to be met, and our home organizations are endorsing this action of their representatives, and the question may be considered settled as to them.

This much I say as the Chairman of the Alliance Committee which proposed the memorials this day so graciously received by the Legislature. But to return, both Senators George and Walthall, and a host of others have argued the question on both sides, and the following is about as densed a summary as I can make: The opponents say "it is an unnecessary and dangerous experiment." Those favoring say if a majority of the tax payers demand it, the necessity becomes positive and the danger must be borne with courage; that the history of our country does not record any instance of a State destroying itself with a Constitutional Convention and it is not probable that Mississippi will. It is argued that there is danger of disturbing the franchise and cutting out some good and true white men. To this is replied that nobody but professional officeholders and politicians seem to dread this, and the same question was discussed in other States, yet when they came together there was no "cyclone" in it, and there is conservatism in Mississippi enough to save it even against that trouble. Again, there is danger of making the judiciary elective to which is replied Our sister State Alabama has had an elective jadiciary for over forty years and yet the ermine of her courts has never been polluted, and to-day our own lawyers quote from them as sound authority on vexed questions; besides no friend of a convention has yet demanded an elective judiciary--that and nothing more.

Again there is no needed demand which cannot be met by the Legislature. To which is replied, Legislators are not elected to make constitutions, and for twenty years have signally failed to do anything in that direction although often urged to do so, and therefore the simplest and best way. is to call a Convention. Again it is said we are getting on very well and had better not risk anything on an uncertainty: To which is replied, yes, bat we would get on much better if we were freed from some of our useless offices, and had our public schools more in the hands of our people, and could change and limit the right of taxation by corporations, and counties, and could strike oat section 12, article 12 of general provisions and were allowed to establish private banks, eto. It is also argued that no friend of the Convention has yet marked out a plan of work for it, to which is replied that any such thing would be presumptions in the extreme, for a Convention will be capable of devising its own plans and marking out its own work.

Now, Mr. Editor, give this to the public and I will cheerfully submit to its discussion. Very respectfully, N. D. GUERRY, VOL.

49. District: "I am opposed to a Contitutional Convention, but believe the people of my immediate county favor it, though satisfied the District is opposed to it." Senator Dillard, from the Nineteenth District: "Pat me down for it without an Senator Cameron, from the Twentythird District: "I am in favor of a Constitational Convention." Senator T. A. Wood, from the Thirtieth District: "I decline to be interviewed." Senator Williamson: I have not made up my mind definitely. TRUSTS AND COMBINATIONS.

A Bill Introduced by Gen. A. M. West in the House. AN ACT in relation to trusts and combinations for the control of trad and commerce.

WHEREAS, Trusts and combinations formed and operated to control production, trade and transportations regardless of their effects upon the productive industries of the country, and devise and execute schemes to depress and enhance prices, in furtherance of their designs and pecuniary speculations, making the price of all trust commodities depend upon their agreements and policies without regard to the cost of production, the quantity of the articles held for consumption or the demand for the same, thereby contravening all laws, or known legitimate rules of trade and commerce, are hereby declared to be against public policy and 1. violative of the true principles of domestic and political economy, and therefore hereby declared to be unlawful conspiracies against the public good, and void in the State of Mississippi. Therefore, SECTION 1. Be it enacted by the Legis lature of the State of Mississippi, That all contracts, agreements, trusts, arrangements, or combinations, between two or more persons or corporations, or between a corporation and a natural person engaged in selling, importing into this State, manufacturing or transporting articles of merchandise made with a view preventing. or which tend to prevent, and all acts done by any person, with a view of preventing.

or which tend to prevent full and free competition in the importation, manufacturing, any article of merchandise, or which shall have the effect of advancing the cost of any such article to the consumer either by transportation or otherwise are hereby declared to be unlawful conspiracies and be fined not more than five dolmisdemeanors, and upon convictiona may lars, or may be imprisoned not more than five years for each offense, or both such fine and imprisonment, in the discretion of the court. SEC. 2. That any person or corporation injured by such combination, trust, agreement, contract arrangement, may for and recover in any court of proper and competent jurisdiction in the State of Mississippi of any person or corporation, or any party to combinations herein above described, the full consideration or sum paid or damages sustained by them or either of them for any goods, wares, or Pinerchandise, included in their operations, and in all cases of judgments the defendants shall be chargable with ali court and a reasonable fee for plaintiff's attorney, the amount to be fixed by the and judgment entered up for the same. SEo.

3 All persons entering into any such contract, arrangement, agreement, trust or combination herein above described and declared unlawful conspiracies. on his own account, or as agent or attorney for another, or as an officer, agent, stockholder of any corporation, or as trustee, committee, or in any manner whatsoever, shall be liable for all damages sustained by any person or corporation by reason of their action and shall be guilty of a high misdemeanor, and on conviction thereof in any court of competent jurisdiction in the State of Mississippi, shall be fined not more than three thousand dollars, or imprisoned in the State penitentiary for a term of not more than three years, or both such 3 fine and an imprisonment, in the disoretion of the court. SEC. 4. All cases of corporations disregarding the provisions of this act, or vio lating any provision thereof, shall work a forfeiture of their charters, and it shall be the duty of the district attorneys of the circuit courts, in their respective districts, to institute the proper proceeding for their forfeiture.

SEO. 5. This act shall not be construed to apply to any individual, or association of individuals, so long as any commodity of their own production remains in their possession unsold, shall it be construed to apply to any corporations within this State, or to any of their business agencies or arrangement for the promotion of horticalture or agriculture and for the protection of these industries against the destructive methods of the aforesaid condemned trusts and combinations. SEO. 6.

All acts and parts of acts contrary this act, or any provision thereof, are hereby repealed, and that this act take effect. and be in force from and after its passage. The Jury Laws. Editor of the Clarion-Ledger It is proposed by the Bar Association to have the jury laws so amended as to change the system of selecting juries. Juries are of the people and from the people, and in fact, they are the people.

They are therefore just what the people are--no better and no worse, whether 80- lected by a jury commission composed of our superiors or by new office holders known as jury commissioners. It does not sound well for a judge who shall hold the court to have anything to do with selecting the juries who, with him, are to try the cases. Division of power, separation of responsibility, and separation of the functions of court and jury, ought to be kept up, since the more their functions are blended the greater the power of the judge at the expense of the jury. Since the laws are changed so often for the sake of change, and since the experiwent might be tried, let the jary laws be changed, but the people be trusted for some of the machinery of the courts without imposing any more authority on their judge. Chicago seems to be reaching the end of the Cronin business at a very rapid gait Kanze, the little German who was granted new trial, has been released on $5,000 bail, and it is said that his case will never be called for trial again.

The Clan-naGeal is going to pieces, and Camp Twenty is in its last throes, membership being reduced to, an even twenty. The white horse is booked for a job in the dime museam, and the citizens of Chicago seem to have settled down to the belief that Doctor Cronin is really dead. TO DEFINE TRUSTS. A Bill Introduced By Senator G. A.

Wilson. AN ACT to define trusts and to provide for penalties and punishment of corporations, firms, persons and associations of persons connected with them, and to promote free competition in the State of Mississippi. SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That a trust is a combination of capital, skill, or acts of two or more persons, firms, corporations or associations of persons, or of either two or more of them for either, any or all of the following purposes, to-wit: First, to create or carry out restrictions in trade; Second, to limit creamed the production, or increase or the price of merchandise or commodities; Third, to prevent competition in manufacture, making transportation, sale purchase merchandise, produce or commodities; Fourth, to fix at any standard or figure whereby its price to the publio ball be in manner controlled or established, any article or commodity of merchandise, produce, or commerce, intended for sale, use or consumption in this State; Fifth, to make or enter into or execute or carry out any contract, obligation or agreement of any kind or description, which they shall bind or have themselves not to dispose, sell or transport any article or commodity, or article of trade, use, merchandise, commerce or consumption common standard figure, or by which they shall agree in any manner to keep the price of auch article, commodity or transportation at a fixed or graduated figure, or by which they shall in any manner establish or settle the price of any article or commodity or transportation them or themselves and others to preclude a free and unrestricted competition among themselves or others in the sale or transportation of any such article or commodity, or by which they shall agree to pool, combine or unite any interest they may have in connection with the sale or transportation of any such article or commodity that ite price might in any manner be effected. SEC.

2. Be it further enacted. That any corporation holding a charter under the laws of the State of Mississippi which shall violate any of the provisions of this act shall thereby forfeit its charter and franchise, and its corporate existence shall cease and determine. SEC. 3.

Be it further enacted, That for a violation of any of the provisions of this act by any corporation mentioned herein it eral shall be this district duty of the Attorney his or any attorney Con. motion and without leave or order of any court or judge, to institute a suit by quo warranto proceedings in any county in the State where such corporation exists, does business, or may have a domicile for the forfeiture of its charter, rights and franchise, and the dissolution of its corporate existence. SEC. 4. Be it further enacted, That every foreign corporation violating any of the provisions of this act is hereby denied right, and prohibited from doing any business within this State, and it shall be the duty of the Attorney-General to enforce this provision by injunction or other proper proceedings in the circuit or chancery court of Hinds county, State of Mississippi.

SEC. 5. further enacted, That any violation of either all of the provisions of this act shall be and is hereby declared a conspiracy against trade, and any person a who may be, or may become engaged in such conspiracy or take part therein, or aid, or advise in its commission, or who shall as principal, manager or directors, agent, servant or employee, or in any other capacity knowingly carry out any of the stipulations, purposes, prices, rates or orders thereunder, or in pursuance thereof, shall be punished by fine not less than fifty dollars, nor more than five thousand dollars, and by imprisonment in the Penitentiary not less than one, nor more than ten years, or by either such fine or imprisonment. SEC. 6.

Be it further enacted, That each day during a violation of the provisions of this act shall constitute a separate offense. SEC. 7. Be it further enacted, That in any indictment for an offense named in this act, it is sufficient to state the purposes or effects of the trust or combination, and that the accused was a member, acted with or in pursuance of it without giving its name or description or how, when or where it was created. Seo.

8. Be it further enacted, In prosecations under this act it shall be sufficient to prove that a trust or combination as defined herein exists, and that the defendant belonged to it or acted or for in connection with it, without proving all the members belonging to it or proving or producing any article of agreement, or any written instrument on which it may have been based, or that it was evidenced by any written instrument at all. 'The character of the trast or combination alleged may be established by proof of its general repatation as such. SEo. 9.

Be it farther enacted Persons out of the State may be liable to indictment and conviction for committing any of the offenses enumerated in this act, which do not in their commission necessasarily require a personal presence in this State. SEC. 10. Bt it further enacted, Each and every firm, person, corporation or association of firms or persons, who shall in any manner violate any of the provisions of this act, shall for each and every day that such violation shall be committed or continted, forfeit and pay the 8am of fifty dollars, which may be recovered in the name and for the State Mississippi, in any county where the offense is committed, or where either of the offenders reside, before any court of competent jurisdiction, and it shall be the duty of the AttorneyGeneral or District Attorney to prosecute for and recover the same, and to be paid into the State Treasury to the credit of the common school fund. Seo.

11. Be it further enacted. That the provisions of this act shall be absolateany contract or agreement in violation of ly void, and not enforceable in law or equity. Bro. 12.

Be it further enacted, That the penalties and forfeitures herein provided shall be held to be camulative of each other, and of all other laws in any way affecting such trusts or combinations now in force in this State. SEo. 13. Be it further enacted, That the provisions of this act shall not apply to agricultural products or live stock while in the hands of the producer or raiser. Sec.

14. Be it further enacted, That this act shall take effect, and be in force from and and after its passage. CITIZEN. The advocates of a Constitutional Convention met in Representative Hall Monday night. There was a very large attendance.

The pending House bill WAS fully discussed, and forcible arguments made by members of the Legislature, and others who were invited to be present..

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About The Clarion-Ledger Archive

Pages Available:
6,258
Years Available:
1865-1893