The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-10-25
A MONOPOLY.
Ring, Syndicate, Combine, For
the Purpose
Of Working a Boycott Are Some
of the Terms Used
BY JUSTICE HARLAN
To Describe the Kansas City
Live Stock Exchange.
Says NOn-Members Are Virtual
Iy Blacklisted.
By JUSTICE HARLAN


joint traffic discussion, two other opin-
ions relating to the antitrust law, were
handed down yesterday by Justice
Peckham. In the case of the United
States against Henry Hopkins and 9TH
ers, the government sought to restrain
the Kansas City Livestock exchange
from carrying on its business on the
ground that it was an association IN
restraint of trade and therefore Illegal
under the antitrust law. The assocl-
alton is carried on at the Kansas city
stockyards; partly in Kansas and part
~ in Missouri. It's members receive
shipments of cattle from Nebraska, COL
oradO, Texas, Missouri, Iowa, Kansas
and the territories, selling them to the
large packing houses, particularly in
Chicago, st. Louis and New York. The
lower court ruled against the exchange
on the ground that it was combination
in restraint of trade.
Justice Peckham's opinion, in which
all the court except Justice Harlan con-
CURED, reverses the lower court and up
holds the legality of the association.
The opinion states that the Kansas City
exchange is merely a local aid to inter
state association. Because the cattle
themselves come from various states
it does not follow, the opinion states
that all the persons performing any ser
vice connected with them are in inter
state commerce. It is pointed out that
a member of the New York produce ex-
change who receives cOnsignments
from other states does not thereby en-
gage in interstate commerce. The opin-
ion adds:
1--WE think it would be an entirely
novel view of the situation if all Of the
members of these different exchanges
throughout the country were to be re-
garded as engaged in interstate COM
merce. because they sell things for
their principals which come from states
different from the one in which the ex-
change is located and the sales made. -
A in he
case of the United States against J. c.
Anderson and others involving the Kan
sas City association known as the Trad
ers Livestock exchange. In this case
also the court uphOlds the association
upon the ground that it is purely local
and not engaged in interstate traffic
within the meaning of the antitrust
law.
Justice Harlan announced his dissent
from the opinion of the court in these
two cases.
tice Harlan said he could not resist the
conclusion that at Kansas City there
existed a ring or syndicate, or cOmbina-
ton or association, the palpable effect
being to bring to itself all the live stock
business centered there, and then trans
ferring it east. Under this association.
the entire live stock of the west must
come into its hands, or else it was kept
out of the market. He quoted with APP
prevail, the opinion of the lower court
to the effect that outside parties at
tempting to enter the live stock field
were compelled to abandon the under
taking. It appeared from the testimony
that any person or partnership wishing
to carry on business Independent of the
association was invited to apply for
membership or if he failed to do so his
name was blacklisted. This admonition
was strictly obeyed and such person
was boycotted. The outcome was in
evitable, the combined obligations of
800 men against one could produce but
one result. The plain purpose Of the
exchange, Justice Harlan said, was to
control and monopolize the entire bust
ness of selling live stock at the Kansas
City live stock yards If this combina-
ton did not rest upon the principle of
a boycott, then Justice Harlan said he
was unable to grasp the principle of a
boycott Let it be supposed that there
were combinations of this kind in oil,
in sugar, in salt, in lumber, in COAL and
the other great staples, then the whole
business of the country would fall into
the hands of few rings and syndicates
which would control all the business of
the country.
Justice Harlan said that If this par
ticular combination was not one in
restraint of trade, then it was impos-
sible to find one.
The court also dismissed the Writs
of error in the murder case of Cyrus A.
Brown and George Curley of Indian
Territory, under sentence to be hung,
and the sentences will be carried out.