Hutchinson gazette. [volume] (Hutchinson, Kan.) 1895-1902, 1898-10-27


pale of the exchange aud deprived II
OF the privileges of membership,
After various skrmlshes In III,
lower courts, an lniunctlon was So
cured In the court Of common plea,
OF Kansas City, Kansas, restraining
the exchange from boycottlng The
Arm
The government took up the mat.
ter Independently and proceeded
against the exchange under the anti.
trust law, which prohibits contracts
or combinations In restraint oil
trade between the states. The ques.
lions involved were:
Flrst--Whether the articles OF as,
ISOLATION and bylaws OF the ex.
change operate upon commerce be-
tween the states, and, second, II 70,
whether this constitutes a combine
tion In restraint OF trade or mon
op0ly, Tho supreme court decides
that II Is not n matter OF commerce
between the states, but traffic sub
joct 10 state regulation and that the
remedy for grievances Hes in state
courts. Both aides In the argument
asked the court to take Jurisdiction
and decide the case on It's merits, but
this has not been done,
The question OF the legality or JUS
tlce OF the boycott was not passed
on.
Tho government was represented
IN the case by g. W. Moore, OF La
throp, Morrow, Fox & Moore, and the
exchange by i. c. KrNnthoif, Of
Karnes, Holmes & Krauthoff
1.-THE effect OF the decision" said
Mr.. Moore yesterday, us merely to
hand the case over to the state
courts, where there is a case pending
The supreme court decides that the
state courts, and not the federal
courts, have jurisdiction. The In
junction already secured, which has
not vet beel made final, operates as
n stay OF the boycott, and the legal
ity of this boycott will be passed up
on by the state courts
"The decision will have the effect,
sadd L. c. Krauthoff, who represented
the exchange, "of establishing the
business OF the exchange on a legal
and equitable basis. There must be
some method OF discipllning MEM
bers Of such organizations as these
two exchanges, when such members
violate the agreements under which
the exchanges work, Organization is
essential in carrying on a business
OF such immense proportions, and Or
gani2atioa can not be made effective
without agreements that can be en-
forced"
The members Of the exchange were
greatly pleased at the decision, and
President j. G. Mccoy declared he
had all along looked for just such a
decision,
Mr.. n. b. Greer, of the Greer-Mills
company, said:
1.-THE live stock exchange people
claim to have word that a decision
In their favor was rendered by JUS
tice Peckham. II IT be true, nothing
more need be said by me on the
merits of that case. 1t was United
States case and not ours. 1t was
brought by the United States district
attorney, so we were only indirectly
Our case against the Kansas City
Live Stock exchange is still in the
court of common pleas. 1t will be
ready for trial when called, and that
means in about thirty days. We have
been doing business under the re-
strainlng order issued by the court.
1t compels the exchange to dock
our hogs the same as those of any
OF the exchange.
1--WE asked for n restraining order
because IL Is o trust under the Kan
sas law. Judge Garner OF the court
Of appeals, rendered q decision Civ
ing its status. This case must be de-
cided in Kansas. II will not go to the
federal court. Our attorneys have
relied more on a favorable decision
IN that case than on the government
case in the supreme court.
I'VE have never been expelled from
he exchange. We withdrew. Our
business today Is transacted the same
rs that OF any member of the stock
Yards"