Olean Democrat, The (Newspaper) - June 26, 1890, Olean, New York
nf EEN PAGES. PAGES 1 TO 8 The Olean Democrat VOL. XI r OLEAN, CATTARAUGUS NEW YORK, THURSDAY. JUNE 26, 1890. THE SUUAK TRUST CASE. THE APPEAL FOR A STAY OF PRO- CEEDINGS DENIED. It 'on t The Opinion Sayi, the Corporation Has Violated Its Clmrtcr and Failed in the Performance of Its Duties. Mamifaeturlng; Corporation Must Re- main as They are Created. SARATOGA, June court of ap- peals yesterday handed down a decision in the case of tlie North River Refining com- pany (the trust cast) dismissing, with costs-, the appeal from the order of the special term, denying in part the de- fendant's, motion fora stay of proceedings. The decision w.ts written by Judge Finch arid The judgment sought against the de- fendant is oue of corporate death. The state which created it asks us to destroy, and the penalty invoked represents the extreme rmor tf the law. It', infliction must refct upon gt.ue cause au.lbe war- ranted by material misconduct. The life of a corporation i.s, indeed, less than that of the humblest citizen, and yet it en- velopes great accumulation of property, moves and carries in large volame the business and enterprise of the people and may not be destroyed without clear and abundant reasons. Those would he true even if the legisla- lature should debate the destruction of the corporate life by a repeal of the cor- porate charter, but it is beyond dispute where the state summons its defender be- fore its judicial tribunals, and submits its complaint to their judgment and view. By that process it assumes the burden of establishing the charges which it has made, and must show us warrant in the facts for the relief which it seeks. Two of the charges preferred in the complaint have dropped out of sight. They were of Uttle importance and have been prudently Dismissed from the inquiry for that rea- son; and we are left to consider the one grave and serious accusation to which alone the proofs and arguments have been directed. That accusation is adequate to the purpose for which it is framed, but upon two conditions, which dictated the line of inquiry and limit, the area of dis- cussion. It appears to be settled that the state, as prosecutor, must show on the part of the corporation accused some sin against the law of its being which has produced or tends to produce injury to the public. The transgression must not be merely formal or incidental, but material and serious; and such as to harm or to menace the public welfare. For the state does not concern itself with the quarrels, of private litigants. It furnishes for them sufficient courts and remedies, but intervenes as a party only where some public interest re- quires its action. Corporations may and often do exceed their authority, wherein their private rights are affected. When these are adjusted, all mischief ends and all barm is averted.! But where the trans- gression has a wider scope and threatens the welfare of the people, they may sum- mon the offender to answer for the abuse of its franchise or the violation of its cor- porate duty. The code of civil procedure authorizes an action for that purpose when the corporation has "violated any provision of law whereby it forfeited its charter or become liable to Le dissolved by the of its powers.'' A number of recent decisions in keeping with this lin? of policy are quoted. He continues: Two questions therefore opens before us: First, has the defendant "cor- poration exceeded or abused powers; and second, does that excess" or abuse threaten or harm the public welfare? We find disclosed that it has become an in tegral part and element of a combination which possesses over it an absolute con- trol, and dictates the extent and manner and terms of its entire business activity. All its stock is in the central associatioB dominated by a board and consisting only eleven individuals who took and distribut- ed to its own stockholders certificates of the board, carrying a proportionate inter- est in whatit describes as its capital stock. It has lost the power to make a dividend, and is compelled to pay over its net earn- ings to the master whose servant it has become. Under the order of that master it has refused to refine sugar and by much has lessened the supply upon the market. It cannot stir unless the master approves and yet is entitled to receive from the earnirgs of the other refineries amassed as profits in the treasurv of the board, it's proportionate share for division amors its own stockholders, owning tlie substituted certificates. In return for thi-advantage it has become liable to be mortgage 1. not for its own corporate benefit ,-Jone. but to supply with fund- the controlling board when that bo ml reaches out fur other coveted reiinTTs. is admittc 1 by the It 1 jje i- K- determmed is. whether the corporation became the servant of the heard by IT- own voluntary action, or tip v ill" and power of other If-what has happened i- ascertained t-o that the of this corporation rr map-, -i lutely to lxvr'3 their ci.tm the latter Tm'relv rho-t-n thtir own intmM and ivan-i.- property owners difficult 1o wh' n 'ii 1 nrf f it i ot out aecoitl- h is, i lux no I cv In this ease il t lie price and i" -i i hi- contract, but of their 1" w liie hoard, hovv- "i u piuju i i rice. )f t'i rvi'jiK ll.e hoard ii'icnt. w I.K i, the ti i.si In- j-etion which M uu I') t! tlie tl f 'i khoi.j' tl v.e i pared with tbe presei.- or McKuiley b'll. the fiscal year of dt't, on which it is gated duties collected on the 408.SW.49. Tbe esthivu articles (or the fiscal 'I 'I com- lion'.' i for r.ites e) aii'l the -.-atc.i i duty on these an aggte-ate equal to th.it of year) under tbe bouse bill i- es- FIFTV-FIRST CONGRESS. A BUSY DAY IN BOTH THE HOUSE AND SENATE. to C 'Hie inalic (o-i- Over a Hi rr IJIJ1 To- (lie I'nstoHlce und timated at while under the senate bill the estimated receipts from the same aggregate .Gso.OOS The house bill transferred to the free list articles vv hich during the fiscal year iSso were received at an aggregate value of 04, and paid duty amounting to WJO 8% 12 Ihe senate bill to the free list articles rained in the importations for 1889 at 15. ;md paj ing an aggre- gate duty of C9. Adding to the first of these amounts the amount of the internal revenue reduction found in the house bill (and struck out of the senate bill) the total reduction of revenue by the house bill is found to be while that of the senate bill is the figure named Inese reductions, the committee says, appear to be certain, but if the imports should be the same as last year under the new rates, the reduction would amount i under the house bill to under the senate bill to 10. i The table further shows that the aver- age equivalent ad v alorem rate under ex- isting law is 41.34 per cent, under the house bill 52.80 per cent., and under the fcenate bill .51.97 percent. '-These fcT.ys the committee, "are prepared upon the plan and theory usually followed; the estimates are largely conjectural and more or les-j unreliable and misleading. They are based upon the assumption that if the bill should become a law merchan- dise of like quantities and values would be imported as was imported during the fiscal year 1889 This basis can only be accepted as reliable where changes in rates are not of such a character as to necess-irily cause increased or diminished importations. ypsteid i the fuc t tive Hpi-i senate, 1> tee on a; the hou-M d.i THE CORNELL-BOWDOIN RACE. Charley Courtney Coaches the Cornell Crew to Victory. "he Cornell- is rowed at Both boats got away together, but the Bowdoins' short, quick stroke gave them a slight advantage for the first quarter of a mile. At the half mile stake Cornell had overtaken and passed the Pine Tree state boys and the visitors never got to the front Cor- nell pulled a long, clear stroke of 36 and quickened it to 37 on the last quarter at a signal from Charley Courtney, who followed the racers on a swift yacht Bowdoiu started with 44 strokes to the minute and quickened it to 46, but the Cornells had it all their own way and finished in 16 minutes 18 seconds and over two lengths ahead of Bowdoin. The weather and water were perfect and 4.500 spectators were in attendance i The victors received the usual Ithaca ovation. PENNSYLVANIA REPUBLICANS. A Hot Fight Expected at Harrisburg for the Gubernatorial Nomination. IlAnnisnrKG. Pa.. June Great efforts were mude by tlie Delamater men yester- day to induce Maj. Montooth to accept a second place on the state ticket. Maj. Montooth said last night that he wants nothing but first place, but the Delamater people think he will finally ac- cept second place. Delamater it generally considered to have a sure thing for fim place, but Hastings' frionds express great confidence. If Montooth refuses second place the Delamater people say it will n-0 to either Wat Martin or pass lei- United States District Attorney Lyon of Pittsburi: will Lc permanent chairman of t! e c. nvention. which opens at 10 n rn. ted... in.- platform will indorse Sena- tor Quav. f.jvor tlie proposed federal tion law, the diem pen-ion lujj. the border raid claims bill, the tariff Ml. a vecret ballot and It will TWO DROWNING CASES. A Sailor and an Amateur Fisherman Go to a tTatTy Grave. .Tune '23. Early yesterday morning Louis Xickreiz and Edward Fleishman were along the tow- pata cf the canal '7ermania park on their way fishing, when Flei-liman r j' n r and Sen- in be v. of v ..'I t r 1. trie house tbe leading of tlie lournal, attention to that the Icgisla- 1 ill, as ameii-k-d by the i lefeirecl to tbe commit- ..tions without notice to t.ntl that if anything had been decided m tbe case of the -ilver bill it was that the reference shou'd be made in open and that the bill should nave gone to the committee of tbe whole. Ihe speaker said that tlie custom had been ioliowed: that the record duly informed the of references and therefore, declared the journal approved. Ihe report of the committee on appro- priations upon the amendments to the legislative bill was presented by Mr. Buttervvorth. He said that in the case of inconsequential-amendments the commit- tee recommended concurrence, but where salaries were increased or new offices created the committee recommended non- concurrence. Tbe report of the com- mittee was agreed to and a conference or- dered. Senate amendments to the house bill for a public building at Columbus, Ga., were disagreed to, and a conference requested. Benate amendments to the bill granting right of way to the Pittsburg, Columbus and Fort Smith Railroad company through the Indian Territory were concurredln and the bill passed. A conference was ordered on the bills to authorize towns to select public lands for cemetery purposes; providing for a lighthouse tender for the Portland, Ore., district; to reorganize the customs collection district of Puget Sound; to increase the number of managers of national homes for volunteer soldiers. Senate amendments to the house bill to extend the time for piyment of purchase money for lands of tbe Omaha Indians in Nebraska were agreed to. Mr. Me Kin ley of Ohio, from the com- mittee on rules, reported -the following resolution: Resolved, That immediately after the pass- ase of this resolution the house proceed to bill (the silver bill) v-.ith amendments, and at 3 o'clock Wednes- June tae previous question be con- hidered as ordered. He demanded the previous question on the adoption of the resolution which was 01 dere-1 and twenty minutes' debate was allowed on either side. Mr. Milliken of Maine asked whether an amendment was in order, and was in- 1 formed that it riot. Mr. McMillan of j Tennessee criticised the action of the com- f mittee on rules. He recited the action of j that committee when the bill was first considered, in cutting off the right of j amendment and debate and said that this j was another proposition of the same kind j iron-clad rule to bind the house and prevent it from expressing its views. I Mr. Bland of Missouri wanted to concur in the senate amendments. Mr. Blouut of Georgia deprecated the practice of controlling legislation exer- ci-ed by the committee on rules. Before the speaker vv as speaker, he had always i been in favor of a full and fair debate, but now he found it ea-ier to do business without it. lie feared that under the rule the coinage committee would come in with a cut and dried program which would prevent the from voting upon free coinage. Mr. McKuiley'of Ohio baid that the pur- pose of the i.-ulution was to secure defi- nite and action on the subject of -ilver and he was Mirpri.-ed at the opposi- tion -from the other side. They invited the house to concur or non-concur in the -enate amendments. Mr. Springer of Illinois said that tlie Republicans had had their ears to the ground and had just had an awakening and at last, somewhat tardily it wa.s true! the Republican H-'iers- bad been obliged to come over to the Democratic position. On motion of Mr McKmley the special rule was adopted without division. Mr. Conger of Iowa, cnairman of the comace committee, preheated the report "f that committee. It simply recom- mended that the non-concur in cawn upo: i where -.visli is f ar.cl in other ivithsome -'gns of ptic- that it is vio'atiug in .il h- hrr; tbe 1 ti.u pre -t.Juu Ht i.-.e.red to, tjwit: heiv for the purpose of acting in -i tneu; AT r j 1 m z at vf t] ii St L n -n o: s T" ill rk Of 1 on ri 1. an i i f I I V 1 1] v. i Jio I h" (itlu r tl.erc 71, VI I- bill. b e '1} -J-tem tl 1 1 1 Jn-' -h t rt lif.- TV it -a] Ii tT.T -''T-f 1 forrnsl .1 Tr--- I ri i> in a-i 1-17T1 tT-v.1 1 tfct whicL f a-e I NFWSPAPFK!