Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-08-04
Prohibited from Combining for Purpose Of
Fixing the Prices,
ooLlNG OF PROFITS ALSO CHARGED
State Also Asks that Charters Of Grain
Companies Be Annulled.
ALLEGATIONS OF SWEEPING CHARACTER
Attorney General brown states that
Filing of Suit Means = Free
Grain Market for Ne
brnska Farmers.
CFrom a star correspondentl

CFrom a stan Correspondent)
LINCOLN. Aug S,--CSpecial Telegram.)-
Today on the application of Attorney Gem
eral Brown Judge ]. B. Barnes of the SUI
preme court issued an injunction against
the officers and members Of the Grain trust.
restraining them from monopolizing the
grain trade Of the state. accepting rebates
from the railways or in any way boycotting
elevators or controlling prices.
and providing for the forfeiture of charters
of the corporations which have been in the
Grain Dealers association.
In the petition It is alleged that the menu
bers of the association control 200 eleva-
tors. which handle S20oOOO,OOO Of grain an
nually, 30 per cent of the business, and that
there are only fifty Independent elevators,
giving a monopoly TO the members OF tho
trust. Conspiracy is charged against the
associations, whose officers were the active
agents. The writ Is made returnable Sep
tember s. until which time the association
will be unable to move for a stay because
of the absence of the supreme judges.
Insures free Grain Market.
Attorney General Brown says that the
suit insurcs a free grain market for the
farmers Of the state for this season and
that he has the evidence on which the in
junction will be made permanent.
1t is regarded by the legal department
as the most important and sweeping in
junction suit ever instituted in Nebraska.
Attorney General Brown said this after
noon that the moment any of the grain
dealers or officers OF the association vio-
lates the injunction in any way he will in
woke the power Of the court to have him
committed to Jail. He has much evidence
at his command and feels that he will be
able TO sustain the allegations of the petit
tion and affidavit.
The charge that the dealers have been
pooling profits and pro-rating them is
new one, which has not been made hitherto.
but the attorney general says that he has
evidence to prove it.
During the afternoon Brown has been the
recipient of congratulations from many
sources Many of his friends believe with
him that his suit signals the beginning of
the end of the Grain trust, which he al
leEes has controlled 90 per cent Of the grain
traffic of the state
Text of order.
The order of Judge Barnes provides:
on this Sd day of August, 1895, this cause
coming on az chambers for hearing before
one of the Justices of said court on the
petition of plaintiff for a writ of injunc-
tion, and the court having examined said
petition and the facts therein stated and
being fully advised in the premises, II is
ordered and adjudged that the defendants
tbe Omaha EIeye for comn6nv Evans Grain
company, Duh Grain company, Hayes
Eames Elevator company, Central Gran
pany, Nye-Schneider-F Fowler company, Ne
braska Elevator company, Crowell Lumber
and Grain company Neoraska- Iowa Grain
pany, Updke Grain company Transmissis-
sippi Grain company, Jaques Grain com
Grain company, Holmquist Grain and Lum-
Der company, the ]. H. Hamilton company,
Torpin Grain company, Peavey Elevator
company, Anchor Grain company American
Grain company, Atlas Elevator company,
Baker-Crowel Grain company, William II.
Schneider, Augustus II. Bewsher, Horace
G, Miller, Frank S. Cowgirl Nelson b; Up
dixie, Edward s; WestbETook. Floyd J.
Frank Fowler, Ray Nye, John B. Wright,
| William e. Morley, Frank f, Coe, Edward
Ernest Ernest Eames, @ Richard Wilkinson, stephen
Ew9rt John Il Evans GiTord J.
ESifRaSk ESWR & MtoSe %S% and Nicholas 9a0Gi%E pn
| and their clerks, servants, agents., en-
| ployes, attorneys and officers, and each and
all of them are hereby commanded and di-
rected to refrain from in any manner
monopolizing or attempting TO monopoliHa
| the trade and commerce in grains In the
! state of Nebraska, and from preventing oI
| attempting 70 prevent competition therein,
and from fixing or attempting to fix the
| prices thereof and from engaging in
nation with one another or with other
| persons or corporations for the purpose OF
I trade and commerce OF grains, and from
/ entering into any agreement, contract or
! different and competing dealers and buyers
! OF grain, and from blackllsting, boycotting
/ or In any way discriminating against deal
/ ers in grain, not members or the said Neb'
! raska Grain Dealers association, and from
/ creating and carrying out any restriction In
/ the trade and commerce of grains in the
/ pf Nebraska until fuFthaT orders
i'H,'' II is ''f further ordered and adjudged thai
/ the defendants, Nicholas A. Duff John T
! Evans, Horace G.. Miller, clifford J. Rails
back Christopher {. CroWeN, Jr., William
r; Banning augustus II; BeWSSher ,S ana an ,iti Ed
manded to refrain from acting as Officers
/ or agents of the Nebraska Grain Dealers
| association. and that all defendants refraiT
! from electing or choosing In any way sue
/ cessors TO said officers and that said ON
GERS refrain from performing any OF th'
duties incumbent upon them as such on
I GERS until the further order Of this court.
| This order to be In force and effect on tht
| execution by plaintiff OF a bond, with goOC
and sufficient sureties, in favor Of defend
ants, in the sum OF 5000, when approved b!
the clerk of this court:
Done this 25th day Of August, 1903, at Nor
folk, Neb.
what Brown Asks For.
In his petition the attorney general ask
for the following relief when the case 4
finally determined:
Plaintiff prays UD that said defendants
each and an Of them, be adjudged guilty o
the acts complained OF.
2 That said defendants, each and all
he peTpetually enjoned and restrained from
every connection with or participation Il
the said Nebraska Grain Dealers assoCia
tiOn.
al That said Nebraska Grain Dealers as
1 sociation be forever dissolved and dssi
mated and It's members perpetually en1oine'
from carrying out It's unlawful purposes
and from obeying It's rules, and from sub
hitting IN any way 10 its commands o
I l. That the defendants who are officer
I OF said association be perpetually enjoine
from acting such officers, and that III
/ members OF said association be forever en-
Joined from eleCting successors 10 sal
! officers.
8. That those defendants who are domes
/ tic corporations have their charters dis
/ solved and annulled. and be Ousted Of thei
corporate powers. franchises and privileges
. G. That those defendants who are for
/ eign corporations be GeCrcod 20 hav
abused their franchises 20 do business 4
/ / this state, and be forever ousted from IN
further exercise of their corporate powers
franchises and privileges in the state o
| NebTa ska