The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-03-20
The Fact that Creditor Is Trust Can
Not Defeat Debt.
Exemption of Agricutursts Unconstitutonal--pre.
sumed Legislature Would Not Have Passed the
Act if Farmers Could Not Be Exempted

| court by Justice Harlan on the l0yh iustl.t, I
| aud which has just been printed;
The Union Sewer Pipe compCdy, a cor
porauon organized under the flaws bf Ohio
and doing business IN llInols, brought Its
action against Thomas Connuliv. a citizen
| Of Illinois ia the circuit court Of Tie Iui.ed
states Cor the Northern district OF Illinois,
on two negotiable pronissory notes, both
/ executed at Chicago Icy the defendant. one.
I dated December 70. 1854. the q. her dated
January ~. 1875 ana each payable TO the
order Of the plninuG corporation uinc.y
DAYS after date al me First National bank
OK Chicago.
These notes were given on account OF
the purchase By the defendant from tile
plaintiff Of sewer pipe commonly known US
standard Akron pipe at prices agreed upon
between tue parties.
The pipe company also brought au action
IN She same court against William T.. Dee,
a citizen Of Illinois, upon ana open account
for S1,3og 20 the value at agreed prices O,
certain pipe purchased by him FROM ,ne
[. plaintiff ia June 1886. Tho UHiuiM -pU
piled the pipe under written contract as.
. ecuicd between * and tie drieAIauI la
Illinois under data Of August. 1879.
Each % the defendants hlcd plea OF tine
general Issue. VITA notice OF Special de.
funses aud ot set-on.
The special deftnses ia usfDh case were
substantially the same The notice lu she
Connolly case was Nit the defendant ou
the mai Of the aedUu would 'cir on ,hcse
Il. That tLc paiutjn s, aud ST 500 times
since about the Hr>t duy coli Jau4uuE, l~3.
Inns been a TRUST or combination of the
capital skin 80 f.r ,b. ,,t.i'.s.
purpose OF unlawmHy and contrary DO Tie
ce3mon law creating aud carry lug out re-
sLffrtlous In trade, etc.
-. That the rlaiutiu IS ana at $40 t.m,s
SINCE me hTst dut OF J.hual}. l0H', WAS
straint ~ tril,. ana ,...'-r..,. .ia.i,.r tIr
s.ycral Ststas and d,,n,e U..fp...s s sii,.t
. Z tbrourborf tEt i@.tt'I .r,t' ,,, ,,,.. ,va,.,,
I ihc States nj Ghto .,rd fuboIs roptr.It.,.
. 10 the nrngl sjous ol ,r a..' of .1,,r,s, 81,
dnte ~ Univ % $50 guJ onfitfrJ An ac-
Z Ia nrCfnrt f,.d.. go ,.,4,,,. INN, -,,.
ia oF,l ,r r.,,t ' l -
"a maj tb~ nl"iutin InI N pH tiv,a-
since th" Hrst tll "f Lamar 1Ss3 was 7
p frr.t 6nI,,. I,i,, ~ 'e' .,i' 30, 70 So.
Of IIlioiN nI9, , , 1s S'.l ~. io ~ a.,
l. proyiGinnS Of ,r n.+ ~ t, t~i isri,r, ~,
the state Of ILLINOIS entitled An act tl
: trade ell"
e INC scf.cfs cI,irat bv Cop,.olIv ,yer.
~. 'uS tt1''N. 1' DNu.9 5 VIZ
sr ,s,'g ,Ie Ai""4nl or Inc 9C,HAl ulsuIL "
prpSs Of limo . isnn .b ',ut.r az lr.,,,.I, I.
thc Sherman Tnrltrust act S5GsIo IA. .c
10 yin,tior " ~, s"S ,qo ~, Igasn vi
- Of Ibe iuIyoIs s-ot,',, ~ T,t, s,g St-
BOB IS: and Tor money mai ma rnr.Itr'
40 SiT Sas MN 4s Ok u'lenu'n' contrary TO ''"
The etoHs claimed by Dec wero Of It,,
. cnAracter hut or larger amounts,
&C Both cases were, ny agreement submit
IN ted TO the same jury and were treated a
n. one consolidated ease Al the tra. .ns dc
PENDANTS respectively asked leave to 4mru
their notices OF special drfenscs, nut leay,
n was denied.
es The circuit court disallowcd botb 90,
~. 19rst and second of the above special dr
~ lenses and In respect Of the thrd lbs Jr
GlSign WAS that the Illinois trust statute u
lie go was lh 'iuiAtlou ~ The constitute,
Do ~ the United States. 10 consequently 30
ne rected the Jury ta ind d verdict FOR th
phIntiN Ia e1ch ease, b. he Connolly ca-
n ! Tor the amount of hn two uotgS sued on
m the Dee case. for thc amount OF fh.
or plalntlns open account against u.u N.~
u diets having been returned a., directed
80 aud motions fpr now trlul ana I'm arrest u
1" Judgment In the other having been over
ne diets.
,s i. Inc uefendant Ia error insists thl
snfee cases should have gone to tho er
tbaat, Conrt or annvals aod has moved ,"r