Hutchinson gazette. [volume] (Hutchinson, Kan.) 1895-1902, 1897-07-01

to a Chicago jobber to buy the Califor-
MIA fruit which had few days before
passed through his town. OF course no
jobber in Kansas could compete with
dealers at those favored points, and
whenever one undertook it in the hope
that conditions would improve wreck
resulted.
To each of these wre, ks, multitude
nous in number, there were added the
worst burdens made possible by an in
iquitous mortgage law, which took
from the debtor not only the triple Sc
curity which he had given, but also his
future and his very hope. Against this
state of things the people raised their
voices only to be called disturbers and
fanatics. Figures were produced by
servile Legislators and others to show
that the system was really the very
best thing for Kansas if the ldiotic pop
ulace would only understand it, just as
every insurance agent exhibits unques-
tionable data to prove that all other
companies are inferior to his. For
raising a noise about this discrimlna-
tion Kansas was jeered by people who
believed it proper to arrest and fine Il
hackdriver when he makes country
man pay for an hours ride around a
single block. Keeping up the disturb
ance, ther are told that they would
''injure the state.S' But they went on
with the work of injury and at last
have won-have won not only for them
selves, but for the continent, as they
did when they precipita ted the war of
freedom.
This legal contest, one of the great
est OF the generation, should be credit
ed to Kansas. This victory is the gift
to the country of persistent fanatics
and troublesome "disturbers" When,
more than than four years ago, upon
the request of Kansas shippers and
merchants, represented by j. q. How
ard of Wichita, United States District
Attorney j. W. Ady began suit against
the association under the Sherman anti
trust law, he was called by those who
claimed loudest to stand up for Kan
sas" first meddler and then a Popu-
list, the last epithet of the Republican
machine for any who disregard it. But
so sar as politics had to do with the
matter it was Republican solely, Ady
was the appointee Of President Harri
son, and the defense was led by George
R. Peck, stanch Republican. Really
they were the only men in the case
While neither was able to be at the f.
nal argument at Washington, the con-
test was fought out upon their briefs,
as Meade's victory at Gettysburg was
won with the troops and plans which
he took on the eve of battle from his
predecessor. The achievement of Mr.
Ady is enhanced by the reverses which
he met at first. He was beaten in the
United States circuit court for Kansas
and again at st. Paul before the United
States circuit court of appeals.
But for all these backsets and the
abundant derision which accompanied
them he persevered; and his one re
quest OF his successor was that, not
withstanding the strategic dissolution
of the association, the case should not
rest until it had been presented to the
highest court of the government At
great labor he had prepared it with a
full appreciation Of the tremendous
forces by which he would be resisted,
and Mr.. Peck shaped the defense with
remarkable clear foresight of the
possible disastrous results. The de-
ciSion Of the supreme court lays down
the law in almost the precise terms
employed by Mr.. Ady in his brief upon
practically all the points involved; and
t wipes away the main contention in
the defense by saying that, as the gov
eminent had proved an agreement in
suppression of competition, it would
not be required to show that the rates
were unreasonable or unjust The
course of the long litigation and its re-
suit are thus briefly referred to be
cause it is only fair to the tall, thin,
selfe-mAde man who has beaten the
aggregated railroad corporations of