Hutchinson gazette., 1901-09-26
GRAIN TRUST IN COURT.

hearing OF the inqnlslton into the meth
Ods and practices el the alleged grain
trust In the district court before Judge
Simpson. When the time came Tor the
calling Of the case, there was an unusual
attendance In the court room. More
over they were not the usual faces seen
at the district court looking for scandal
or some Bit OF sensational news, but we're
the faces Of interested people whose
rights in business were TO be affected by
the issues there involved,
There was large array of legal lumi-
naries interested in the case on both
sides, The defendants In the suit were
represented by Martin & Vandeveep
and H. Whiteside, and Sam Jones Of
Lyons. The plaintiffs in the case which
in this instance Is the State OF Kansas
were represented by County Attorney
Carr Taylor and his deputy, J. U, Brown
and by Prigg & Williams
The defendants Immediately made a
motion to dismiss the proceedings on
the ground that the statute under which
the suit was commenced was unconsti-
tutional, The section granting the
power for holding such an inquisition as
was then called was especially attacked.
1t claimed that the provisions Of law and
jurisprudence everywhere for inqulsi
tionary measures such as a grand jury,
etc. provide for the taking Of testimony
in secret and with everyone connected
with II sworn to secrecy. In this case
everything is open. The second con-
tentlon and the principle one was that
these people who were subpoenaed
could not be compelled to give evidence
that would incriminate themselves. The
statute provided that they could not be
prosecuted under this law with any of
ahis evidence, and that none Of the evil
dence could be used against them in
any criminal case, but still there was
contention over the point, and also over
the point that this evidence might be
used against them and other grain deal
ers in a multitude OF civil cases for dam
ages which might be sprung all over
the State. II was therefore claimed to
be in violation of the property rights Of
the citizens summoned as witness, This
point while urged with great vigor by
Judge Whitesde was not considered
with much seriousness by the other at
torneys. Another point raised by Mr..
Vandeveer who represented his firm in
the argument, Judge Martin not appear
ing, was that there was no provision in
the title OF the law which related to the
manner of procedure under this inquisi-
ton clause. While this is purely tech
nical objection 1t is one on which many
a law in this State has been declared un-
constitutional, 1t was after twelve
o'clock when the last attorney had his
say, The court then surprized almost
everyone by calling the stenographer to
his desk, and saying curtly "The motion
is overruled. Mr.. Sheriff. adjourn
court 1t was first blood for the State
and the farmers. 1t might be expected
that the court would want some time in
which to consider as important motion
as that but he had evidently been over
the law himself and understood it as
we'll or better than the attorneys argu-
ing it,
When the case was called afternoon
the county attorney offered motion re-
quiring the attorneys for the defendants
whoever they are to tell whom they rep
represented. The stenographer was
not present and the motion made scat.
termcnt among the attorneys that left
the court room as silent as the grave
for awhile.
Mr.. Vandevcer stated that he repre-
sented Mr.. Smiley who is secretary Of
the State Grain Dealers Association.
On resuming business there was an
agreement entered into between the at
torneys OF both sides that if the wit
nesses should refuseS TO answer the
charges on the ground that their an
swers would tend TO incriminate them.
they might be placed in Jail construc-
lively, until the question of the consti-
tutionality Of the statute could be tested
in the supreme court. When placed in
the witness chair all the witnesses ex-
cept Secretary Howatt of the Farmers
Elevator Co, Of Haven were either very
unwilling witnesses or refused TO testify
at all. Mr.. Howatt testified TO the de-
tails Of the organization. He said his
company had purchased $500 bushels Of
grain in July, 1900 in August and about
5000 in September. AT different times
MIR. Layman the travelling representa-
tive of the Teasdale Commission Co. of
St. Louis has told him that the purcha s.
ing of grain from the Farmers Co. was
causing them much trouble. He was
invited to attend meeting of grain
dealers at Wichita about the 23d OF
Auer,et AZ tbnt ,nnatinu Mr TancJa 10