The Butte inter mountain., 1902-07-31
OPERATORS WHO ARE ALLEGED TO
BE TRYING TO CORNER oAT MAR
kET APPEAR IN COURT.
DENY ANY CONSPIRACY
EXISTS between THEM
Were Not Endeavoring to Buy Stuff at a
Lower Price Than That at Which II
Modification Of Injunction, but the End
OF the Investigation Is Not Yet.
TBy ASSOCIATED PRESS

Chicago. July 3I.-Judge Chytraus to-
day modified the injunction issued yester-
day restraining the Chicago board Of trade
and the board of trade operators, James
A. Patten. Darlington. Patten & Co. and
Bartlett, Frazier 4 Co., from conducting
corner in July standard oats, by restrain
ing the defendants from asking the presi-
dent Of the board Of trade to indorse down
margins deposited by the complanants
Waite, Thoburn & Co-to secure $4,000
bushels OF short sales.
The court held session before the
opening hour OF the board OF trade. in
order that a decision might be arrived at
before business was begun. A motion for
a dissolution Of the case will come up for
further adjudication next week. The
effect of the action of the court is for
the time to protect the complanants
against any alleged corner. and is CON
strued as working against the bull clique
Of operators on the board.
Argument by Defendants.
The argument that was brought to bear
by attorneys for the board and for the
defendant operators were that inasmach
as both the complainants and the defend
ants were members OF a tribunal that ad-
Indicated any controversies between its
members, the injunction should be dis
solved on the ground of want Of jurisdic-
ton. 1t was argued that the complain
ants were premature in asking for an in
junction against a corner, when no such
corner was in effect and when the board
of trade rules specifically prohibited cor
ners.
The defendant members OF the board Of
trade, in answer to the injunction. denied
the affirmation that July standard oats were
worth not in excess of IS cents a bushel,
and said that they were worth more than
that price They also denied any con-
spiracy among themselves or with Joseph
Bidwell, grain inspector, to corner July
oats or to forestall the market in that conf
modify or to raise the price of July oats.
Deny Charge.
They denied that they had given fcti-
tious value to the article and that they had
made any purchases for delivery since July
]. 1t was set forth that the elevator ac-
commodation and railway facilities Of
Chicago were such as would allow OF over
IS times the amount of oats bought of
Waite, Thoburn & Co., by the defendants,
and that frequently defendants had bought
10 times as much as their total purchases
in this delivery.
Following are the purchases made in
July standard oats by the bull clique as
set forth in their affidavit: Bartlett. Fra
zier & Co.. 100000 bushels; Carrinston,
Patten & Co., 100000 bushnels; James A.
Patten, 100000 bushels.
Made Sharp Allusions.
Attorney ]. II. Monroe, for the defend
ants, in addressing the court, made sharp
illusions to the complainants' having been
of speculative turn of mind and sold
something they did not have and which
they did not have the means of obtaining
for delivery. He said it looked as if the
complainants were trying to make money
by buying in property at less price than
that for which it had been sold.
Judge Chytraus before modifying the or
der told the attorneys he did not consider
the injunction restrained the defendants
from bidding, buying or selling or refusing
to buy or sell July oats in the pit or from
any OF their accustomed busines opera
tons, aside from those in connection with
the complainants.