Jasper County Democrat, Volume 2, Number 44, Rensselaer, Jasper County, 3 February 1900 — ANTI-TRUST LAW VOID. [ARTICLE]

ANTI-TRUST LAW VOID.

Illinois Statute Declared Unconstitutional by a Chicago Judge. The Illinois anti-trust law of 1893 was declared unconstitutional by Judge Kohlsaat in the United States Circuit Court at Chicago. Because of the section which exempts from its provisions the agriculturist and stock raiser, the court held that the statute is tainted with class aud special legislation, and is in contravention of both the Federal and State constitutions. In the decision Judge Kohlsaat refused to confine his finding to the clause in question, but put the ban on the entire act. The anti-trust statute which is thus declared void by tiie Federal court is the law which was enacted in .1893. The Supreme Court’of the State has never passed upon its constitutionality. Decisions upholding the-validity of the act of 1891, of which the law of 1593 is an amplification. have been rendered by the State’s chief tribunal in the “milk shippers’ ’’ and “glucose” cases, but that statute did not contain the clause which Judge Kohlsaat finds is class legislation. The objectionable part of the law is section 9, which contains the words: "The provisions of this act shall not apply to agricultural products or live stock while in the hands of the producer or raiser.” The ruling was made in the ease of the Union Sewer Pipe Company against Thomas Connelly, but applied as well to the case of the same plaintiff against William Dee. The action by which the constitutionality of the law was attacked was brought by the Union Sewer Pipe Company to recover about .s<>,9oo from Connelly and from Dee on contracts made several years ago. The defendants resisted payment of their notes on the ground that under the Illinois law a trust has no right to sue or recover on any contract made in the State. Other defenses were that the Union Sewer Pipe Company of Ohio was a trust or combination organized for the express purpose of restricting trade contrary to the common -aw in Ohio and of Illinois to the Federal statute known as the “Sherman act.”