Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1905-06-09
ONE TRUST
Man IN LIMBO.
An Interview With E. J. Smiley
In Jail At Lacrosse.
IS ASKING FOR A PARDON.

Lacrosse, Kas., June &c. ].
Smiley, secretary of the Kansas State
Grain Dealers association, has served
one third of his ninety days sentence
for conspiracy to violate the Farrelly
anti trust law in fixing and maintain
ing the price of grain in Rush county
and is believed to be the only man.
ever put behind the bars for offending
against an antitrust law. More re-
markable still is the fact that Smiley
from bis cell in the jail here continues
to conduct the association which the
supreme court of the United States
inferentiaHy has pronounced a trust.
Rush county thus pre- sents the anon
ally of a trust magnate in jail and of
a trust being run from behind the
bars.
Sniley's confinement is really
nominal. He is the only prisoner in
the county and had his pick of the
cells in the Jail building which is
quite pleasant place for a jail.
Equipped with chairs, desk, bed and
other furniture acquired for the oc
casion, Smiley's temporary home
differs considerably from the ordinary
cell, as do the privileges granted him
by the sheriff, John Purcell, from the
rigors of jail life for the ordinary
prisoner.
Smiley takes his three meals day
at the sheriff's home, and goes uptown
every day after his mail. Twice
week he visits barber shop and is
shaved. He puts in his time attend
ing to the business of the Grain
Dealers association and receives an
average of 80 letters a day. He
directs the work of his agents from
the Rush county Jail and receives
their reports by mail and sometimes
in person. Smiley's friends constantly
send him cigars and other remember
anceS.
But the prisoner, his relatives and
friends feel his confinement keenly
and a pardon application is pending.
Smiley denies that Governor Hoch, in
turning it down, referred to him as
'"a miniature Rockefeller" and said
that "the people of Kansas are after
the Rockefeller class" Nearly one
thousand letters urging clemencv
have been sent the governor and one
of the unique reasons put forward is
that Smiley did the state a good turn
by carrying his case to the federal
supreme court and getting the validity
Of the states antitrust law upheld.
The arrest of Smiley was made in
1901 in Topeka and he was hustled
out to Rush county and promptly put
on trial. All the usual legal bubbles
for delay were overruled. The jury
was out 80 minutes and fixed the
penalty at 80 days and heavy fine.
Smiley put in no defense, contenting
himself with attacking the law. He
says one of the reasons he made no
defense was that he and his counsel
had information in advance as to the
penalty the jury would fix. His ex-
pectations were materialized in every
particular, he says
Smiley's offense was in going from
Topeka to Rush county, attending a
meeting of all the grain dealers at the
home OF one of them and assisting in
the formation ola combine for the reg
ulation of the prices of grain. The
little monopoly was absolutely COM
.plete and farmers coming in with
.grain found that they might as well
take the first offer made them or go
back home with their grain, for no
dealer in the county varied from the
price list.
1t is asserted by County Attorney
Mccormick that the farmers have
saved 100000 as the result of the
s'bustingh of the trust. Independent
grain-dealers nov 8 operate in the
county. cVeE .4aa IS