Omaha daily bee., 1905-08-04

clerks and employees be perpctually en-
Joined from engaging in any engagement,
contract or combination with one another
or with other persons or corporations to In
any manner prevent or limit competition
in the trade and commerce OF grains, or to
fix OF control the prices thereof, or to d.
vide the aggregate or net profits of their
business, or enter into any agreement, con-
tract or combination FOR the pooling OF
prices OF different and competing dealers
aud buyers of grain, Or to solicit or receive
directly or indirectly rebates from any
railway company, or to create or carry out
any restrictions in trade, or to limit or re-
duce the prices OF grains, or to fix at any
standard or figure whereby its price TO the
public shall be in any manner controlled or
establish any Of the grains raised or used
Ia the trade and commerce of the state OF
Nebraska,
Charges Against Defendants.
In his petition and affidavit on which the
restraining order was. issued Brown makes
the following principal allegations:
That the said defendants, by the owner
ship of the elevators above located and
described and by reason of their operation
by them at the markets and places named,
are doing and have done an annual business
In dealing with the grains of Nebraska ag-
sreguting the purchase and sale Of about
That said defendants are now and for
the last three years have been intention
ally, willfully and unlawfully combining,
conspiring and conniying together and with
each other and with other sundry and
divers persons unknown to plaintiff for the
for all kinds of grain in Nebraska by each
and all Of them, and for the purpose of
dividing between themselves and the other
dealers in grain the aggregate or net pro-
ceeds of the earnings of themselves, and
for the purpose of fixing the prices to be
paid Tor all grains grown and dealt with
by purchase and sale in the said state OF
Nebraska, and for the purpose of prevent.
Ing competition among dealers in grain, anc
for the purpose of restricting trade and
commerce in grain in said state and foi
the further purpose of destroying competi'
ton in their line of business towit: dealing
In grain, so as to give them and each oil
them monopoly and control of all trade
and commerce in grains in the state Of Ne
braska, TO the end that they and each Of
them might enjoy unreasonable and un
considerable profits arising from their sale
graz. business. That, In pursuance of th'
legged, said defendants are and have beer
able to control and fix the prices of graiI
braska and TO restrict trade and commerc
In grains and to prevent and eliminate com
petition pet 90 IN As purchase and sale thereo
gregate or net proceeds OF the earnings o
their business, and have collected and re
ceived, for their own advantage and pos
session, profits unlawful, unreasonable an,
uncomfortable.
That said defendants. each and all O
them for the purpose OF carrying out tn
conspiracy, combination and pool above al
legged and as an aid to them in the unlaw
ful undertaking aforesaid, organized villa
is known and denominated as the Ne
braska Grain Dealers association, whicl
association has Its headquarters and hold
its meetings In the several cities of ~
state when and wherever called by tn
officers thereof; that the defendant Nchola
A Dun Is now president Of said association
that defendant John T. Evans is vice pres
tdent Of said association that defendan
Horace G., Miller Is secretary o
said association; and defendants Clifford
Railsbaok. Christopher c. Crowell, tr., VIII
liam B; Banning. Augustus Bewsher AM
Edwin n. Mitchell are heSgoverning com
mittee Of said association. That the busl
ness and affairs of said association wer
and are conducted by said officers and gov
erning committee selected in accordanc
with the rules and the pleasure OF the as
ISOLATION. That by the terms agreed to b.
said defendants for the government am
guidance Of the association and its mem