The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-06-15
ASHLAND CATTLE CASE
suit Brought which Affects Trust
Dehfs in Kansas

Ashland, kan, June IA SUIT mas
boen commenced here by c. w. Carson of
Ashland, against Henry Null, John e.
Null. the Drovers Livestock Commission
company and the National Bank of Com
merce of Kansas City, No, to foreclose
a. MORTGAGE on 500 head of cattle belong
ing 10 the Mulls, and w. 2. Grimes. Jr.,
Of this county, has been appointed by
the court to take charge Of the cattle
pending the litigation.
This suit involves questions of vital inn
portance to the cattlemen throughout
Kansas. It is charged in the plaintiff $
petition that the Drovers Livestock Com
mission company of Kansas City are
claiming a Mortgage lien on these cattle
TO tie amount Of about $4,000 and are
threatening TO sieze and ship them out of
the state The plaintiff claims that this
mortgage of the Kansas City, commission
men is Illegal and in any event inferior
to his Henry Null has fled his answer
in the case and at considerable length
the details of his business transactions
with the Drovers Livestock Commission
company since December, 1898 He claims
that at that time he borrowed SsS99
from this company and was required TO
give them note for over $21 ,oe0 secured
by a mortgage on about 1.009 head of
cattle then on his ranch in Clark county
He says that at the time he gave this
note and chattel mortgage the Drovers
Commission company was a member of
the Kansas City Livestock Exchange,
which he claims was, and still is, vol
untary association of commission men
formed for monoa0liziug the cattle COM
mission business at the Kansas City stock
yards, and is an unlawful trust and COM
bine, within the meaning of the Kansas
antitrust statutes. He further Claims
that under the rules and bylaws of the
livestock combine its members are pro-
hfbited, under heavy penalties, from
charging less than 20 cents per head for
buying or selling cattle for others, and
from dealing with other commission firms
or corporations who are not members OF
this trust. and that to carry out these
unlawful rules and bylaws the Drovers
company included in the note and mort
gage S5l20o of commissions, over and
above the discount Of 10 per cent per an
mum. lie saws that ne bought no cattle
Of this commission company. but had to
include the S5l2 in the note under the by
laws Of the trust, which require its mem
bers TO collect q commission when they
make a loan Henry Null goes on 10
show that in various transactions with
this member of the alleged cattle trust.
amounting to 4 considerable sum. he
has shipped a large number Of cattle.and
paid large sums Of money, but that at
least once a year he has. when renewing
his paper. been required under these
rules to include new commission with
out getting any services for it whatever.
He claims that under the Kansas anti
trust statutes the members Of the trust
have no right to do business in Kansas
while engaged in carrying out their trust
agreements. and that his notes given in
renewal OF the oriEiaal $4,000 loan. are
Illegal and uhenforcibe in the Kansas
courts
The facts as alleged by Mr. Mull show
that Of $2l99Q now represented by his
+ per cent per eanaum andS,tov- x. .PbhCVC
! last note. ever $7a59 is interest 1T l. per
cent per annum ndd over Sl,5a0 n com
mission for selling cattle to him which he
either bought from others or had on
hand.
Mr Muls lawyers are Hon. H J
. AAAlT A4 Aal- A5lNE -AG a. EzlkC N4
Topeka They say that a precisely SIM
f ilar case is pending IN Jackson county
and that the court there has - far ruled
THAI notes ard mortgages given 10 Tlera-
: lers of this exchaugo in czttle t-ansac-
/ tions cannot be enforced in the Kansas
courts. II AfuE contention in this suit
/ is sustained. Carsoa's nlortrage. which
/ IS apparently second Is the Kansas City
+ mems iien. will, II coure be eood and
+ Tire cattle via he otherwise clear
/ Mr. Carseu is represented hv afr. II G
I Mayss of The Ashland bar. There Is no
doGbt chat Zee seit VIII ne ho5iy ccatest-
+ ed The apaoi1Ssneut ~ recsfvor BY
I Probate Jud-e SNYDER scsI-s u b. 5,lsti-
, aed bs the attorneys for both Carson
and the AuHs on ne around thst The
I cattie are not IN good condition. ard Il
sold now wonii not arins vIthin s.e0as 81
the amount q tire liens If tney are valid
I 1l- GRIMES the recefger, c1alfisi az caee
aftcr his appointment ard IS uow in PCS
session - the cattle at Hsnry zull-s
I raneN.
n tais ss,a VII sc tested the rsshe &C
the livestock commission rssn AZ tle Hsu-
sls CITY stocasN ards - combine % d s-sse
+ * commission 10 oe charsed for s1uysne
and selling eastse. and whether II they
do comaino they can collect such agreed
l commissions II the kansas courts.