The advocate., 1897-09-29
For the Farmer.
VIOLATES THE ANTI TRUST Law.


Exchange was heard by Judge Foster
OF the United States District court, last
week. The Judge holds that the Ex-
change comes within the provisions Oi
the antitrust law. We give herewith
the principal points in his opinion, as
follows:
"The first question, whether there Is
any combination In restraint Of trade OF
commerce or a combination to mOnOp0-
lie any part of trade or commerce on
the part Of the association, Is to be deter"
mined, not alone from what appears
upon the face of Its preamble, rules and
bylaws, but from the entire situation
and the practical working and results
and the defendants method Of doing
business as disclosed by the testimony
in this case"
Judge Foster then describes where the
business of the association Is done, and
adds:
ut is shown beyond cavil that the en-
tire membership of the association re-
CARDS a commission merchant attempt
ing to do business at the Kansas City
stock yards without joining the Ex-
change as one violating this rule No. 8
and treats him accordingly. And this
construction is natural one, for cOmpli-
ance with the rules OF the Exchange re-
gulres a party to subscribe to its rules
and bylaws and to pay membership
fee, which is now $2,5O0; to pay the as
sessments and observe all other require
ments, including the fees and commits
slons fixed for handling live stock, and
1t may we'll be said that any dealer or
broker does business in violation Of
these rules who does business at all and
fails to join the association.
"The testimony disClOses several in
stances Of parties attempting to enter
the field to do business there without
Joining the Exchange, and in every in
stance, unless protected by the courts,
they have been compelled to abandon the
undertaking. All parties now engaged
In the business except Greer, Mills & Co.,
VINO are making the fight in the court to
maintain their business and are tempo
rarily protected by injunction"
The court then recites the method by
which a member is suspended from the
association for the violation Of any Of its
rules, and says:
'1he outcome Is inevitable. The com
bined opposition of 300 men against one
can produce but one result. Almost ev-
cry purchaser or vendor Of live stock,
including the great packing houses, does
business through the commission mer-
chants, and nearly the entire volume OF
stock received at the yards Is consigned
to and controlled by these merchants
members of the Exchange.
"In vain does the outside dealer offer
attractive bargains for the sale or pur-
chase Of stock; they will have no inter
course with him. This state of affairs Is
known and circulated among stock
growers and shippers and they dare not
ship their stock to this boycotted broker
or firm. These facts are established and
are amplifed by multitude Of wit
nesses. The object and purpose OF the
Exchange Is written across Its face
where all can read; 1t is to control and
nl0nOpolize the entire business OF buy
ing and selling live stock at the Kansas
Cry stock yards. 1t Is clearly Combi'
nation to restrict, control and monop'
olize that class of trade and commerce.
"The crying complaint of to-day ant
the great menace to the welfare Of the
people Is the tendency of wealth to mo-
ropollze and control by trusts and com
blaatlons the products and industries o.
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
sEruments for the accomplishment o.
these purposes by spectators and ad'
venturers Men who add nothing to The
productive wealth Of the country grow
rich or moor bY gambling on the wealth