The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-19

though the transactions be within the
body of interstate commerce, the char
acter of unlawful combinations The
averments are as follows: That the de-
PENDANTS are engaged in an unlawful
combination and conspiracy under the
Sherman act in (a) directing and re-
curing their purchasing agents at the
markets where live stock was custom
arily purchased to refrain from b1ddinB
against each other when making such
purchases; OBJ in bidding up, through
their agents, the price of live stock for
few days at a time to induce large
shipments and then ceasing from bids
to obtain the live stock thus shipped
at prices much less than it would bring
in the regular way; (c) in agreeing at
meetings between them upon prices to
be adopted by all and restriction upon
the quantities of meat shipped cd IN
directing and requiring their agents
throughout the United States to impose
uniform charges for carriage for dellv-
cry, thereby increasing to dealers ana
consumers the charges for such meats;
and. (el in making agreements with
the transportation companies for re
bates and other discriminatIve rates.
NO one can doubt that these aver
ments state a case OF comDinatoli;
Whether the combination be unlaWful
or not depends on whether it IS in re
straint of trade The general meaning
of that term is no longer open TO IN
quiry. It has been passed upon careful
~ DIV the supreme court III t4lC II O4S5AAe
association case and in the traffic case;
1t is clear from them that restraint OF
trade is not dependent upon any consld-
GRAFTON of reaSonableness or unreason-
abieness in the combination averred;
nor is it to be tested by the prices that
result from the combination indeed,
combination that leads directly to lower
prices to the consumer may, within the
doctrine of these cases. even as against
the consumer. be restraint of trade and
combination that leads directly to high
er prices may, as against the producer,
be restraint of trade. The statute, thus
interpreted, has no concern with prices,
but looks solely to competition and to
the giving of competition full play, by
making illegal any effort at restriction
upon competition. Whatever comblna-
ton has the direct and necessary effect
of restricting competition is, within the
meaning of the Sherman act as now in
terpreted, restraint of trade
THUS defined, there can be no doubt
that the agree ment of the defendants to
refrain from bidding against each other
in the purchase of cattle is a. combina-
ton in restraint of trade; 50 also their
agreement to bid up prices to stimulate
shipments, intending to cease from bid
ding when the shipments have arrived.
The same result follows when we turn
to the combination of defendants to fix
prices upon and restrict the quantities
of meats shipped to their agents or their
customers Such agreements can be
nothing less than restrictions upon COM
petition and, therefore, combination in
restraint Of trade; and thus viewed, the
petition as an entirety, makes out
case under the Sherman act.
1T may be true that the way Of en-
forcing any decree under this petition is
beset with difficulties. and that a literal
enforcement may result in vexatious in
reference with defendants affairs. BGt
in the inquiry before me I am not at
liberty to stop before such considera-
ticns. The Sherman act. as interpreted
by the supreme court. is the law of the
land. and to the law as it stands both
court and people must yield obedience.
The demurrer is Overruled and the
motion for preliminary injunction
granted"
The defendants against whom the in
junction is issued are Swift & Co
Cudahy Packing company, Hammond
Packing company. Armour & Co, Ar
mour Packing company, G. H. Ham
mond company, Schwarzschild & Sulz-
berger company, Nelson Morris & Co
partnership, J. Ogden Armour, P. \.
Valentine. Calvin NJ FavOrite. Arthul
Neeker Thomas J. ConnOrs. Charles s.
Langdon, Michael Cudahy. Edward A.
Cudahy, Patrick Cudahy, Albert T
Boscherdt. Gustavus F. Swift Lewis F.
Swift, Lawrence A. Carton, D. Edwin
Hartwell. Jesse p. Lyman, Frank B,
VogeI Louis Pfaelzer, William J. Rus
sell, Albert H Veeder. Henry Veeder
Edward c. Swift Ferdinand Sulzberges
and " Fl Moves