Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-11-05

| lists from Drummond's-
The senator then started out on series
| Of questions regarding the manner in whit n
tobacco prices are regulated He wss in
terrupteG by Attorney Hook. of Leayen-
-.Orth. " no represents several OF the whole
sale houses agaiast whom the inveztiGx
ton il directed. Mr. Hook asked the court
- inform the witness that when any gues-
| tion which would require an answer ti.at
would tend TO crfnirate himself was ask d
he could refuse TO answer It.
Attorney Hook shut Out.
''Wh5m do you represent. Mr.. Hook?'
asked Judge StiIwell
THE witness and others subpoenaed' -
was the reply.
You are premature in your suggestions,
II seems 10 ne" said the judge The
witness has not yet objected to answer
ing any question
When question is asked which would
tend TO criminate the witness. will tho
court permit me to call the witness. at
tention to the natter"
That is the personal privilege of the
witness. and l don't think counsel should
be allowed to coach him." replied C.he
judge.
Then Senator FarreIIy asked this aues-
ton: ''if. as travelling salesman. YOU
sell tobacco for less than prices quoted
on this card Cproducing one of the price
list cards.. does any penalty attach TO
you for the violation OF the rules Of the
trust?'
Alexander took the tip from the discus
sion between the judge and Mr.. Hook ard
refused TO answer the question on the
ground that 1t would tend to crminate
himself.
hon snnlr he 4
made an argument to show that the pro-
vision OF the law which authorizes drag
net hearings was not broad enough TO
grant the witness the immunity from pun
ishment that he is entitled to under the
constitution of the state of Kansas and
the United States. For this reason, he
argued, the law. in that respect, was un-
constitutional.
J.dge StiIweII's Views.
Judge StHwell said he did not care to
hear the other side on the proposition.
He had anticipated that this question
would be raised and had looked up author
tiles. From the decisions he had found he
was convinced that the law was broad
enough to protect the witncss. Courts"
said the Judge, ought to be careful about
deciding laws unconstitutional. They
should not do SO unless n statute liz plain
ly in violation of the constitution. No laws
should be declared unconstitutional on
mere technicaIifies.'
Attorney Hook then began to make some
additional remarks. when the court said:
In plain terms. Mr.. Hook. can't see how
any question can be injected into this hear
ing except that OF the personal privileges
of the witness. The companies affected by
any proceedings likely to grow out of this
hearing have nothing to do with the case
at this time" -s.
Then am not in this case to any great
extent" interjected Hook.
mo. sir" replied the Judge
I'm the language of Bret Harte," said
Hook. Subsequent proceedings interest me
no more
That's 1t. exactly" said the court
Hook then withdrew from the case
Go ahead. Mr.. Alexander. and answer
the question:" ordered the court.
Penalties for Cutting Prices.
The witness said that penalties for SELL
ing goods below card prices were attached
several months ago. but he could not say
whether they were in force now The old
penalty was fine Of so for each offense.
He had taken no chances by cutting prices.
Senator Fsrrelly then had the witness
produce a, handbook showing the quota
tions on sugar and conducted rigid exam
ination on that line He brought out the
fact that when one travelling man received
word of the advance or decline in the price
of sugar. he would notify other travelling
men whom he met and that they would i'm
mediately F1lt the new prices. into effect,
He claimed that this condition exists in
Kansas. but that in Oklahoma and the In
dian Territory the card prices don't apply
on any class of goods. However he claim
6-ar of hp1.
being attached in case travelling salesman
refused to take the new prices given him
by his brother travelling man. hut admitted
that the rule of complying with the notice
was universally observed.
The witness also said that travelling men
quoted prices on yeast manufactured by
the Northwestern Yeast Company as fixed
10y the company. and never deviated al
though he said he did not know what the
consequences would he If goods were sold
at prices other than the ones quoted by the
company. In conclusion the witness denied
having any other information concerning
trusts than what he had stated.
A One-Price Agreement.
The evidence this afternoon clearly ind,.
cateE, that there is no competition on a
number Of staple articles handled by lob
tcrs in Kansas. The statesmen on the wit
ress stand said so. They swore that ,hey
carried tho same rate books and price list
cards: that when one travelling man notifies
5nother OF an advance or decline In prices
on sugar, he is required TO raise or lower
the price himself without even waiting for
notice from his house. +. NJ Koontz, OF
Beckham. Mcknight & Co.; Daniel Davi-
son. Of the Poehlcr Mercantile Company:
Charles stith. OF the Fort Scott Mercantile
Company; J. r. Rowley. Of Ridenour- Baker
son a. Co.: Frank Williams. OF the r. Green
Company; John FitzsimmoHs. Of Ryley Will
sor Co., all swore that tho competition
for orders for sugar. tobacco. soap, ly.
yeast. matches and n number OF other
'hgcncy" goods consisted chiefly in tho
ptfsonnl popularity Of the salesman. And
TINT so far nv prices were concerned thsf.
waH hbsolu'eiy no difference.
e. G. kolro. Of the rarhhurst- Davis MGR.
camille Company. aside from ,natifyirg as
III" others did In rcgnrd 10 there being no
ctni ttifior. declared thht tho penalty for
the violation OF rules was forfeiture Of .hs
agency. The trusts. he aHid roftrcd TO sell
fia house sugar mud rome other nr.icits
laff spring becniiHc II would not agree In
abide by the rules laid down. For two
vr.kF his house could get no sugar at ali
from tho trust.
How the Inv II Eyadcd.
G. Price. of Liggett e. Myers. said The
Ehnshs business was done on the agency
plan. and II circular letter signed by tho
trm was read 10 show that the agency nan
was adopted 10 evadc the trust law, Al.
though the jobbcrs net ns agents II was
shown that they had TO buy the goods out
right and stand all losses. Price said that
u any Kansas agent doviated from his
agreement with his firm in regard to prices.