Omaha daily bee., 1890-11-12
A DECISION OF IMPORTANCE.
Judge Tuley's Verdict in the Live Stock
Commission Company Case.
HAS NO CLAIM TO THE AID OF THE COURT.
The Injunction Heretofore Issued
Must be D,ssolved-An Appeal
Taken and a Bitter Fight
in Prospect.

CHICAGO, Nov 11-.[Special Telegram to
The BEE. -'If the complainant is seeking
to obtain monopoly Of the business of SELL
ing live stock at the Union stockyards, or
seeking to effect a combination by which it
can control the live stock market, it can have
no claim to the aid of a court of equity to ac-,
complish such purposes.n So spoke Judge
Tuley this morning in deciding case Of vital
Importance to the public, and which involved
fight between shippers on one side and
commission men and dealers in live stock at
the Union stockyards on the other.
A bill was filed by the American Live
Stock Commission company, combination
Of cattle shippers, to restrain the Chicago
Live Stock exchange, comprised of buyers of
live stock, from enforcing its rules, which
forbid its members dealing with corpora
ton situated like the complainant.
The general manager of the commits
sion company had certificate of
membership in the exchange and when
he was discharged he refused to turn it over
TO a new manager. The court was asked to
compel the exchange to issue another GER
tifcate to the new manager, but the former
manager subsequently transferred his mem
bershlp to the commission company and that
point was settled. 1t was alleged by the ex-
change that the commission firm sought to
control the price of beef and the commission
company contended that the rules of the es
change forbidding its members dealing with
corporation like the compainant was in re-
straint of trade and therefore against public
policy.
The court finds that the allegations as to
the complainant being u member of the eX
change are not sustained and that he had
never been member legally or equitably.
The complainant not being member of the
exchange and having no vested rights, can
not complain of the bylaws and there was no
legal duty upon the exchange to deal with
the commission company; thus the court
cannot pass upon the validity of the bylaws.
The only ground upon which tho court could
control an organization like the defendant
would be that such action would be in re-
straint of trade, or that the business of the
defendant was public juris and affected with
public interest, and the business of the ex
change was not so affected There was no
relation or connection between the exchange
and the corporation known as the Union
stock yards and the exchange has extended
no service to the public.
81 know Of no law,n says the court, (which
will force one man to trade with another,
nor any equitablesproceedings by which it
can be accomplished. The refusal OF the
members Of the exchange to trade
with persons not members may be
in partial restraint of trade, but
| these are the acts Of individuals
the exercise of their rights, of that freedom
| Of action that is necessary to the carrying on
| of commerce. The Injunction heretofore is
| sued must be dissolved. AS the only object
| of the bill is that of jun ction the bill must
! be dismissed for want OF equity.
An appeal was taken from the decision and
the case will be bitterly contested in the
| higher court