The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1897-10-02
to the business ard cefssnsrse Of the

1900
--4s~~~4aa-rsz
to the business ard cshssnAree Of the
country. That they arg beneficial TO
The members and perhaps to the locai-
.ity may be admitted 1t must also be
admitted that a properly conducted
agency or medium through which the
vendor and yendee may readily sell
and Luy everything that enters INTO
commerce or trade is demanded by the
business interests of the whole u
try; but this agency should not be
permitted to tampcr with or in any
way restrain the natural flow OF the
stream of industry or
THE crying complaint of today ana
the great menace to the welfare OF the
people is the tendency Of wealth to mo"
nopolize and control by trusts and com
bines the products and industries OF the
country, and it must be confessed by
every thoughtful observer that many OF
the so-called stock and produce ex-
changes are among the most potent in
strumentalities for the accomplishment
of these purposes by SPECTATORS and ad-
venturers.. Men who add nothing TO the
productive wealth of the country grow
llCl vi pSpI W 6aiiOiAiie Va 'hS
produced by others. Men are daily
selling through these exchanges mil
lions OF bushels Of corn, wheat and 9TH
er produce who neither a nor expect
to have a bushel, and Others are buying
millions who never expect to receive a
bushel. Both sides are tampering with
the normal prices fixed by the law Of
supply and demand and attempting by
fa1Sa n md dishonest rnaoro orI methods
to serve their ends. The courts nave
uniformly condemned this class of bust
ness as Illegal, and, though 1t Is under
the ban Of the law. it still tlourishes.
The remedy must be looked for in legis-
~lation, and not in the courts alone.
The Laws Aim--Intcrstatc Business
This act Of congress is aimed against
all restrictions of interstate commerce
and we need not discuss the reasonable
ness of such restrictions. 1t is evidently
the purpose of the law to permit COM
merce between the states to flow in its
natural channels, unrestricted by any
combines. contracts or conspiracies or
monopolies whatever
Judge Foster cites n long line of de-
cisions and then continues: But one
material question remain in the case:
is the business in which the defendants
are engaged between the
states? The circumstance hal their
place of business is located on both
sides of the line between the states Of
Kansas and Missouri Is, in my opinion,
a fact of no material Importance of the
solution of this question-no more than
would be the fact that the business of a
farmer or manufacturer was 50 loct ted
and that he passed from one state to
the other for his convenience in the
transaction OF his usual business"
Judge Foster tells how the Kansas
City commission men lend none on
stock n solicit business all over the
west, says the broker In soliciting sales
is also on the alert for purchasers and
sells without regard to the destination
OF the stock. He asks again: us this
interstate commerce or merely an Incl
dent of such commerce." and quotes de-
cislon after decision.
Clearly Interstate Commerce.
In a summary the judge says: ut is
indisputable that all the live stock
shipped to these defendants for sale
from states other than Kansas or Mis-
souri,, after 1t has entered the current of
AK SldltS, continue
and remain subjects of such commerce
until the transportation is terminated.
and the property becomes a part of the
general property of the state. 1t is also
well settled hat while this pronertv ,s
the subject of interstate commerce no
state, municipality or other power but
congress can impose taxes, restrictions
or regulations upon it, except SO far as
Is proper in h exercise of police reeu-
lations for the protection of the heath
morals and person Of the citizen. ana
except for roper charges and regula-
tons for the use of local instruments a.
aids or incidents to such
such as docks. bridges, wharves. eleva,
tors, ferries, pilotage, etc"
Federal decisions are cited and die
cussed, and Judge Foster raises the
question whether, when unloaded ar
the Kansas City stock yards, the stock
ceases to be a part of interstate COM
merce. 10 answer his own question. he
asks could The state of Kansas tax
them, and answers it with decisions
which show that it could not. In clos.
ing, he says: This live stock Is shipped
from different states for immediate sale
and, II the market is not satisfactory. n
Is to be shipped to another market T
cannot believe 1T ceases to be the subject
or interstate commerce when unloaded
mo the stock yards. Sections 1886 and
1851 OF the revised statutes humanely
prohibits any railroad company whose
roads form any part Of a line over which
the animals are conveyed from one state
10 another from combining them in cars
over twenty-eight consecutive hours
without unloading them for rest. water
and TODD for at least five consecutive
hours. Under act OF congress of May
20. 1884, establishing a bureau of ANNA,
INDUSTRY. and the act of March 5, 1891,
1or inc inspection OF live cattle, hogs,
etc, the general government has est.h'
lished inspectors at the Kansas Citv,
stock yards. assuming that such stock
comes within the purview of said oct.