The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-12-30
Tho Supreme Court on Extortlon
Editor Brook havcn Leader:


The story of ''the Missionary's
Revenge suggested by view from
your office window of the stock yard
of one OF our excellent mercantile
firms who sells goods on time and
secures them by deeds of trust,
chattel mortgages" etc, while
rather severe on that class Of the
mercantile community, is vet pecul-
liarly appropriate in its application
and the moral to I've drawn there from
full of sensible, logical suggestion in.
disputable facts, and the sad but
practical experience Of the deed Of
trust farmer establish, beyond
controversy, that il the deed Of
trust merchants be the wicked and
! barbarous cannibals" that they un-
dcrtook To "christianiZe and ciyiliZe"
they have, in majority of instances,
| been devOured in prosecution ofthis
! laudablc mission, and this without
regard TO the odor emitted from the
carcass of either tobacco, onions
or limberger cheese, Tor, unlike the
"FeciCe cannibal," the merchants are
accustomed to all of these. fit were
true that the merchant enforced his
mortgage or deed Of trust only TO
get legitimate pay for his goods,
then there would be no great cause
for complaining against him, but
this pay must not consist of eXorbi-
tant charges that the necessities
of the farmer force him to as
sent 10. Charges so made, if re-
sisted, cannot he collected un-
der the law. This has been set
tied by decision Of the Supreme
Court Of this State. Speaking of
the rsspCctive rights and obligations
of parties to one Of these chattel
crop deeds of trust given to secure
advances, Judge George now L. S.
Senator) interprets the true principle
embodied in the mysterious grab
lall law which has been used simply
to pl ~ extortion under cover of le-
gaIity. He has given to the public
for a text book his unbiased opinion
concerning the just construction of
this law as q guide for the courts Of
justice that they might profit there
by, and there is no excuse for any
Judge or jury to waver therefrom
with established facts. The decis
ION to which | call your attention
will be found in the 5Sth Mississippi
Reports, and was rendered in the
cases Of Meyer, Weiss q Co. rs.
Paxton. 1t should be filed away
for reference by every farmer, as a
second Declaration of independence,
Judge George, speaking for himself
and the Supreme Court in this deci-
sion, says:
The seller was already under an
obligation to furnish the goods al
reasonable price. The parties were
not on equal terms. The customer
had encountered all Of the prin-
cipal and essential part Of his neans
for obtaining credit, and therefore
was not free TO decline the purchase
Of supplies because the price charg-
ed was unreasonable. Under these
conditions the price fixed loses
most il not all the clements Of free
contract. 1t WAS dictated by the
seller and acquiesccd in by the vur-
chaser from an overruIing ncces-
sity. The seller or merchant WAS
bound by his contract ON accept
ing the deed OF trust to furnish
the goods at reasonable price.
His refusal to carry out his contract
was an act OF bad faith and the eX-
tortcd consent OF the purchaser to
the price fixed by the merchant was
without consideration and void"
Again, he says that where the price
charged is so eXorbitant that it is
impossible to state it to man Of
common sense without producing an
exclamation of its injustice, the
bargain (as to price, cannot stand
unless it be shown that the parties
are treated on equal terms and that
no advantage WAS taken of the ig
norancc or necessities of the buyer"
Think you, Mr.. Editor, that
either the Ignorance or necessity"
of the buyer is taken advantage Of
when he is charged 50 and $40 per
barrel for common flour, when the
very best in the market could be
bought for SIS and $3.50? If for
such exorbitant charges, when the
reasonable value Of the article has
been paid for, man is closed out,
it is crying shame that ought not
to be tolerated any moro than lar
ceny.
SO the conclusion is drawn from
Georges opinion that it would be
better that these scar-worn, hairless
veterans of the four footed kind had
been left at home to walk in
sympathetic agony with the two
footed victims OF eXt0rtion who have
been bereft of all they possessed
on earth.
IANrS - IIENnrp-uS