The Daily News THURSDAY, SEPTEMBER 15, 1904 TRADE MONOPOLIES PREVENTION.

Taranaki Daily News, Volume XLVI, Issue 215, 15 September 1904, Page 2

The Daily News THURSDAY, SEPTEMBER 15, 1904 TRADE MONOPOLIES PREVENTION.

The Trade Monopolies Prevention llill which has been introduced into Parliament by 'the Premier is sure to excite considerable discussion throughout the colony. Among the principal provisions of the measuit aie the following: It is called an act to protect legitimate trade and commerce by prohibiting monopolies detrimental t 0 the interests of !he people. In this act, if not inconsiiitont with the context, "court" means th; court for the investigation of monopolies provided for by this act; '')glo«l»" means any oti the following articles, whether an. the state of raw material or in any preparatory or final state of manufacture (i.) All articles of food and drinic; (ii.) tobacco, cigars and cigarettes ; (iii.) all kinds of building material and furniture < (iv.) all articles of clothing, including! >bo o ts and sihoes; (v.) all ai-fcicles of fuel ; (vi.) soap anil candles ; (vii.) gas and electricity when used for lighting; (viii.) all kinds of agricultural implements. | "Reasonable traide competition" means such competition in any trade as will not prevent nor tend to prevent (individual traders or firms 01 limited companies engaged in suet trade, and possessed of sufficient capital. knowledge and business capacity for carrying on such trade, from earning the fair average profits commonly earned by traders in such tra/Je in tho absence of any trade monopoly, provided that in determining what amounts to reasonable trade competition the court shall be guided not only .I>y the interests of the traders concerned, but principally by the following considerations (i.'J The interests of the consumers or purchasers of the gjoods sold by those engaged in such trade ; (ii.) the interests, material and social, of the public generally in respect of such trade ; (i,ii..; the distinction between competition in the wholesale and retail branches of such trade respectively. ''Trade monopoly" means : Any agreement, whether in writing or not, whether express or implied, and, whethei all or only one or some of the parties thereto are resident in New Zealand, the dominant or one of the main objects, whether direct or indirect, oi which is—(i) To destroy, restrain or prevent the reasonable trade competition of other traders in the same or a similar trade, and whether in New Zjealand or mot, with the parties to such agreement; or (ii..) to enhance the price of goods sold by the parties to such agreement, who-

ther such parties arc engaged in the same trade or not, beyond the price reasonably otftainable for such goods if such price were determined hj? the operations of reasonable trade iompetition in the absence of such an agreement, (b) Any method o( conducting or carrying on trade (ibclndi«g in the term ''method" the formation of a trust or combination of any sort, whether corporate or unincorporate, with an abnormal amount of capital or abnormally extensive operations for any particular trade), whether such method is employed by one trader alone or by several traders, the dominant or one one of the main objects (whether direct or indirect) of which is that above specified. (c) In particular, and without affecting the generality •f the foregoing definition, a trade monopoly includes any agreement or method of trade whereby the supply of any goods for retail sale is restricted to any person or class of persons, or any person or class of pt :9011s is precluded from purchasing iviy goods for retail sale. Trade monopolies are declaied to be illegal. lor the investigation of trado monopolies there shall lie one court, of the Chief Justice and two other judges. The court shall, in addition to the powers conferred on it by this a ct, have nil the rights, powers and privileges of the Supreme Court. In all prosecutions under this act no person shMl be excused from attending and testifying as a witness, or producing to the court any books, papers, letters, contracts or other documents in bis possession or under his control relating in any manner to the su'jjcct matter ol such proceedings. The Governor may from time to time appoint one or more persons to assist in Carrying out the purposes of this act, and may define their powers, functions and duties. Any registrar of the court shal'i, on receiving a notice under the hand of either thf. Minister for Labour or the Minister for Industries and Commerce, or a petition signed by not less than 50 respectable persons, that there are reasonable grounds for believing that n trade monopoly exists, forward the same to the inspector of police for the district in which any alleged party to such trade monopoly is resi-

dent. On receipt of such communication the insix-ctov of police Khali wake inquiry as to the truth of such complaint, and if, sis the result of such incjqiry, lie has good reason to believe 'that any trader is guilty of a trade monopoly, he shall repon such belief, and the ground:! on which it is based, to the Commissioner of Police, who shall thereupon forward to the Solicitor-General and to the Auditor and Controller-Ge-neral copies Of such report. The Solicitor-General and the Auditor and Controller-General may in their discretion call upon such trader to J produce to them, or to any Crown

solicitor ami audit inspectoi' ftp-) pointed by them for Mint purpose, all such books, papers, accounts, contracts, letters, or other documents as the Solicitor-General aiui Auditor and tkmtroller-l.enei alm. require. Thereupon such uulu ahull produce all such books, -•> accompanied by a slalutoiy " Dion to -the elVect that a ull complete discovery has >een , of all such documents. Evety tiadc , whether a corporate company 01 not, who fails to produce such documents is liable to a lino not exceeding £3OO. If as the result ot their investigation the Solicitor-Gen-eral and Auditor and ControtleiGctveral find prima facie that a trade monopoly exists they Mini report accordingly to the AttorneyGeneral, w;ho shall prepare an information against the trader appearing to be guilty of such trade monopoly, wild direct t.he Registrar of the Court at the Supremo Court office in which the information is to be tiled to lay the same. On tine hearing of any information a 9 to a trade monopoly the court may admit any evidence it thinks fit, whether ttuc.h evidence i.s strictly legal,

lor distinctly relevant or not. It shall be prima facie evidence against a defendant or a trade monopoly that since its commencement the goods sold by the defendant have been sold at prices uniformly higher than before lite date of the commencement of the alleged trade monopoly, and that the prolits made ( by the defendant in tl<* business in which such goods are sold liave since such date 'been abnormally high. In determining the prolits made by any trader, the court shall if it thinks fit, first ascertain the full market value of all the assets of the said business (excluding goodwill), assuming such business were sold us a going concern, and if the rate of profits made iby t'ie defendant, calculated upon such full market value is in excess of the fair average prolits made by other traders in the same trade us defendant, calculated in I ivi same way, such prolits may bo doomed atiwr* i mally. high. At the time and place fixed for the hearing of such information the court shall hear evidence as to such alleged monopoly, and if satisfied that the defendant has been guilty of a trade monopoly, lit may in its discretion, by order or decree, do any one or more or the following things (a) Declaiv that the ilefenidant has t>oen guilty of a trado monopoly ; U>) declare all or any agreements it thinks lit | tending to establish or promote i such monopoly illegal, including agreenients for supplies of goods to the defendant guilty of such monopoly ; (c) declare that all or any contracts thereafter entered into with such defendant in furtherance of such monopoly, including contracts for the sale amd supply of goods •by such defendant, shall be void, and be unenforceable, provided thai the court may, in maiditg such de claration, (jualify it in such manner ) as it thinks fit in order to protect

any person contracting vvitJi such defendant bona Ude and in excusable ignorance of such declaration ; (id) enjoin such defendant from further carrying on business in any manner amounting to a trade monopoly, and such injunction shall have tho force, effect, and consequences of an injunction granted by a judge of the Supreme Court in any action under the Supreme Court Act, 1882 ; (e) if such defendant is a corporate company, may order such company to be wound up, und thereupon tlie company shall be wound up in tlie same manner as if an order for tin 1 compulsory liquidation of the company had been made iby the Supreme Court under the Companies Act, 1903 ; (i*) impose a fine upon such defendant of a sum (exclusive of costs) not exceeding £IOOO ; (g) order any defendant to pay to the Crown such costs and expenses, including expenses of witnesses, as it may deem reasonable, and may apportion such costs between tho defendants (if more than ono) as it thinks fit ; (!i) decl a re any defendant not guilty of an alleged monopoly, and awaid to him such costs and expenses (including expenses of witnesses) as it may deem reasonable, und thereupon such defendant shall 'be entitled to be paid by, the Crown the moneys so awarded to ham. Proceedings in tlie court shall not <be ini]>eachod or heidi bad for want of form, nor shall the same be removable to any other court by certiorari or otherwise ; and no; proceeding, judgment, decree, or order of the court shall be liahle to be challenged, appealed against, reviewed, quashed, or called in question by amy court of judicature on any account whatever, but shall have full effect and shall be observed, acted upon, and obeyed by all courts of judicature. ON THE FOURTH PAGE. Literature. The Licensing Bill. The Premier and Local Bodies. A Woman's Lifelong Masquerade.