The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-10-25
OTHER DECISIONS.
Two Kansas City Live stock Ex-
changes Held to BE Legal.

WASHINGTON, Oct. A.-By coincidence
two other opinions relating to the antitrust
law were handed down by the Supreme
Court to-day by Justice Peckham. In the
case of the United States against Henry
Hopkins and others, the government sought
to restrain the Kansas City Live Stock Ex-
change from carrying on its business. on
the ground that it was an association in re-
straint of trade. and, therefore, illegal I'M
der the antitrust law. The association is
carried on at the Kansas City stock yards,
partly in Kansas and partly in Missouri. It's
members receive shipments Of cattle from
Nebraska. Colorado. Texas, Missouri, Iowa.
Kansas and the Territories, selling them to
the big packing houses particularly in Chi
cago. ST. Louis and New York The lower
court ruled against the exchange, on the
ground that it was a combination in re-
straint of trade. Justice Peckham's opin-
ion, in which all the court. except Justice
Harlan, concurred. reverses the lower
court and upholds the legality of the asso-
citation. The opinion states that the Kan
sas City exchange is merely a local aid to
interstate shipments, and that it cannot be
considered an interstate association. Be-
cause the cattle themselves come from vari-
Gus States it does not follow, the opin-
ion states, that all persons performing any
service connected with them are engaged in
interstate commerce. 1t is pointed out that
a member of the New York Produce Ex-
change who receives consignments from
other States does not thereby engage in in
terstate commerce. The opinion adds: I'VE
think ii would be an entirely novel view of
the situation If all of the members of these
different exchanges throughout the country
were to be regarded as engaged in inter-
state commerce because they sell things for
their principals which come from States diff
ferent from the one in which such exchange
is situated and the sales made
Similar ruling was made in the case of
the United States against j. G. Anderson
and others, involving the Kansas City as
ISOLATION known as the Traders Live Stock
Exchange. In this case also the court uD-
holds the association, on the ground that
1t is purely local and not engaged in inter-
state traffic within the meaning of the anti
trust law.
Justice Harlan announced his dissent
from the opinion of the court in these two
cases. After quoting the antitrust law,
Justice Harlan said he could not resist the
conclusion that at Kansas City there eX-
listed. ring. or syndicate, or combination,
or association the palpabe effect being TO
bring to itself all the living stock business
centering there and then transferring it
East. Under this association the entire 1--WE
stock business of the West was to come into
hands, or else it was was kept out of the
ion of the lower court to the effect that
outside parties attempting to enter the live
STOCK Helu were cOmpelleu 10 aDdnuoll the
undertaking. 1t appeared from the testi-
mony that any person or partnership at
tempting to carry on business independent
of the association was invited to apply for
membership. and If he failed to do so his
name was blacklisted. This admonition was
strictly obeyed and such person was boy
cotted The outcome was inevitable, the
combined obligations of three hundred men
against one could produce but one result.
The plain purpose of the exchange. Justice
Harlan said. was to control and monopoize
the entire business of selling live stock at
the Kansas City live stock yards. If this
combination did not rest upon the principles
of a boycott then Justice Harlan said he
was unable to grasp the principle of a boy
colt. Let 1t 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
a few rings and syndicates which would
control all the business of the country.
Justice Harlan said that If this particular
combination was not one in restraint OF
trade then it was impossible to find one.
The court also dismissed the writs of
error in the murder cases against Cyrus
A. Brown and George Curley of Indian
Territory, under sentence to be hung, and
the sentences will be carried out.