The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-10-25
JOINT TRAFFIC
KNOCKED OUT
Continued from First Page

| latlng 10 me antitrust law were handed
down today by Justice Peckham
In the case OF The United States against
Henry Hopkins and others. the govern
ment sought to restrain the Kansas City
Livestock exchange from carrying on its
business, on the ground that IL was an
association in restraint of trade and
therefore Illegal urder the antitrust law.
The association is carried on at the Kan
sas City stock yards. partly in Kansas
and partly in Missouri. Its members re
ceive shipments of cattle from Nebraska.
Colorado. Texas. Missouri. 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 acombina tioninrest raint OF
trade. Justice Peckhams opinion in
which all the court except Justice Haf-
Ian concurred. reverses the lower court
and upholds the legality of the associa-
ton. The opinion states that the Kansas
City exchange is merely a local aid TO in
ter-state association. Because the cattle
themselves come from different states It
does not follow. the opinion states. that
all persons performing any service con-
neced with them are engaged in inter
state commerce. 1t is pointed out that
the member of the New York Produce ex-
change who receives consignments from
other states does not thereby engage in
Interstate commerce. The opinion adds:
I'VE think It would be an entirely novel
view of the situation II all OF the mem
bers of these different exchanges through
- sl,I
engaged in Interstate commerce, because
they sell things for their principals which
come from different states from the one
in which the exchange is situated and the
sales made"
TRADERS EXCHANGE UPHELD.
A similar ruling was made in the case
of the United States against J. c. Ander-
son and others. involving the Kansas City
association known as the Traders Live
Stock Exchange In this case also the
court upholds the association, upon the
ground that II is purely local and not en-
gagged in interstate traffic within the
meaning of the antitrust law.
JUSTICE HARLAN DISSENTS.
Justice Harlan announced his dissent
from the opinion of the court in these
three cases.
After quoting the antitrust law, Jus
tice Harlan said he could not resist the
conclusion that at Kansas city there ex-
listed a ring, or syndicate, or combination.
or association. the palpaole effect being
10 bring 10 itself all the live stock bust
ness centering there and then transfer
ing II east Under this association, the
entire i've stock business OF the west
must come into its hands. or else Il was
kept out of the market. He quoted with
approval the opinion Of the lower court
10 the effect that Outside paries attempting
0 carry on business independent OF the as
sociation was invited 10 apply FOR mem
bership. and II he failed 20 do 50 his
name was blackEsted. This adnnonition
was strictly obeyed and such person boy
cotted Il was Inevitable: the combined
obligations Of 90 men against one could
produce but one result. The plain puT-
pose Of the exchange. Justice Harlan sad
was 20 control and nonopolize the entire
business OF selling live stock p the Kan
sas City stock yards. II this combination
does not rsst upon the principle % boy
cot. then Justice Harlan said he Was not
able 70 grasp the principle % a boy colt
Let g be supposed mat there were CON-
b.nstions % this kind IN OIL. IN sugar. in
salt. n rum, In coal and The other great
staples. then the Whole business OF the
country would fan into the hands %
few rings and syndIcates which would
control al the hrlsin-ss OF the country
Justice Harlan said mat u this psrticu-
lar combination was not one 81 restraint
q trade, then f. was Impossible 70 find
one