MANAWATU EVENING STANDARD POHANGINA GAZETTE. Circulation, 3,200 Copies Daily. FRIDAY, AUGUST 25, 1905. FIGHTING TRUSTS.

Manawatu Standard, Volume XLI, Issue 8073, 25 August 1905, Page 4

MANAWATU EVENING STANDARD POHANGINA GAZETTE. Circulation, 3,200 Copies Daily. FRIDAY, AUGUST 25, 1905. FIGHTING TRUSTS.

The Trade Monopolies Prevention Bill, which was not passed by the House last session, has been brought down again this year, and is a very striking example of the trend towards socialistic legislation that marks most Government measures. The operations of the Harvester Trust, the fire insurance trust and the flour combine in the colony should, of course, leave no doubt in the minds of most people that some restrictive legislation is needed. But every care must be taken that ths Government in this matter does not go beyond its legitimate functions and encroach on the liberty and rights of the people. The possibility of one small section of the community exercising a power which would be detrimental to'the remainder of the community must be guarded against. A law of the .description under notice could be made the medium' of the infliction of a grave injustice on many forms of private enterprise. The progress of this Bill will, we hope, be carefully followed by the Opposition, and anj'thiug in the nature indicated strongly and stoutly resisted.

The provisions of the proposed Bill should be~"of interest to many iv the community so they will be set out here. A trade monopoly is said to exist where there is any combination.-or understanding (express or implied) amongst manufacturers, traders, or suppliers, the effect of which is (1) to injure the public by enhancement of price or restriction of output, or (2) to promote the advantage of any manufacturer or trader at the public's expense. A monopoly also exists where any person or persons (within or without the colony), having the sole or chief control within the colony of any article of. commerce, which includes gas or electricit}', (1) sells or consigns such article to a trader under conditions by which the latter is limited to dealing in goods procured from the one source, (2) under conditions which make it more profitable to the trader to unduly limit his. dealings in competing goods, (3) sells, or consigns goods subject to the conditions that such goods shall not be resold at less than a: fixed price, or (4) adopts any method of business siuiik-r; to the above or having like effects^

Prima facie evidence of the. existouce of a monopoly skall be. deemed to exist if since the commencement of thealleged monopoly the article ait'ected has been supplied at uniformly higher prices thau before such commencement, and that the profits made by tho persons alleged to be concerned in. the monopoly liaye since such, conuuco.ee.-.

ment been "much higher tbanbefore." Monopolies are. declared to be illegal and the procedure 'to attack them, which is somewhat complicated, is next described. A petition complaining of the existence of a trade monopoly may be addressed to the ; Chief Justice by the Minister of: Labour, the Minister for ' Industries and ■ Commerce, any officer of the Labour' Department, a trader alleging injury from the alleged monopoly, or "thirty or more respectable adult persons." This ■ petition must give particulars,, and is to be delivered in triplicate to any Registrar of the Supreme Court, who shall forward the same to the Registrar of the Appeal Court, the Solicitor-General, and the Auditor-General. The two latter shall then enquire into the matter, and shall have power fo call for persons and all papers, books, etc., directly or indirectly bearing on the matters alleged in the petition. On completing their investigation, they are to report to the Registrar whetherjfchey are or are not satisfied that there is a reasonable probability , that the alleged trade monopoly exists, and notify the effect of their report to the.petitioners; If they are satisfied as foresaid, the Registrar is to forward the petition and report to the Chief Justice, who shall take steps for the trial of the petition. The trial shall take place before three Supreme Court Judges nominated by the Chief Justice. The Court is to have jurisdiction to enquire into and adjudicate on all matters alleged in or relating to the petition. The Court is to forward copies of its finding to the Minister of Labour and Minister for Industries and Commerce. The Court' may, if it thinks desirable, in the interests of the defendants, hear part or all of the evidence in camera and may forbid publication of the same. .

The Bill continues: —" JNo proceedings, judgment, finding, or order of the Court shall be liable to be challenged, appealed against, reviewed, quashed, or called in question by any Court or judicature on any account whatever."

As to the pow«rs of the Court when it finds that the existence of any incorporated company or association promotes or favours the continuance of any monopoly it may, on the application, of any public officer, order such company to be wound up. It can deal as follows with, any convicted trust: —Every person who conspires, combines/agrees or arranges with any other persons, or withaay railway, steamship, or transportation company—(l) to unduly limit facilities for transporting, producing, manufacturing, supplying, storing, or dealing in any article, or (2) to restrain or injure trade or commerce in relation to any such article, or (3) to unduly prevent or limit production or unreasonably enhance the selling price of an article, or (4) to unduly prevent or lessen competition—shall be liable to a fine not {exceeding £1000, and not less than £10; and, if a corporation, to a fine not exceeding £2000 and not less than £200.

Truly, a most comprehensive measure, but is it workable ?