Omaha daily bee., 1905-08-04

bers it was agreed and understood that
no person or corporation was eligible to
membership thereof unless he or IL was en-
gagged in the buying, selling and shipplns
elevators situated upon the right-of-way
Of some railroad, and no person or corpora
operated an elevator or scoop shovel
house of the right-of-way OF some rail-
road. Dealers in grain residing m the mar
ket centers of the country In other states
were by the rules of said association ell
gibe to membership. That all of the de-
fendants are members of the said Nebraska
Grain Dealers association and are known
to each other and designated as regular
grain dealers" and all other dealers IN
grain not members of said association or
not under their control and dtctatlOn are
known to the members of said association
as irregular grain dealers
Trust Has Entire Control.
That there are and were for the last three
wears in the state of Nebraska more than
| 40 grain elevators engaged In the nan
uiing, shipping, purchase and sale of grain
! in the markets of said state; that said ele'
vstors we're and are controlled by said Ne
braska Grain Dealers association and SUB
| ject to It's rules, bylaws, regulations ane
| adopting and agreeing TO the prices hxeC
| for grain bought and sold by the officers o.
| said association and doing business only
as the officers OF the said association should
name. That in the entire state of Ne.
I braska there are less than nifty independent
| elevators and grain dealers operating II
! the purchase and sale and shipment o
| grain which are free and independent o
! the rules and regulations, provisions an(
| penalties declared by the said Nebraska
! Grain Dealers association. That the sale
! defendants control at least 80 per cent o
! the whole trade and commerce In grains II
! the state of Nebraska. That the said de
| PENDANTS, each and all Of them, in orde
| to restrain competition among themselve
as to the purchase of grains, have engaged
| 10 said combination and conspiracy oper
ated by and through the said Nebraska
| Grain Dealers association and intend Z
continue said combination, and will compe
| their respective members, agents and serv
ants at their several elevators to refrain
from bidding against each other, eXcep
perfunctorily and without good faith, ant
| by this means compel the owners of grain
to sell at prices less than they would re
! ceive if the bidding was really and in trutl
That said defendants, and each of them
for the unlawful purposes aforesaid and Z
monopolize the commerce in grains pro
tected by law and to restrict trade therei
and to destroy composition in the purchas
voluntarily as the Nebraska Grain Dealers
association and have, by and through tn
officers thereof, arbitrarily, from time t
time raised, lowered and fixed the prices o
grains, and have undertaken and do un
dertake now to maintain Uniform prices a
the state from those having grains to sci
This unlawful purpose Is and has been &C
complished by the said defendants b
means of secret meetings held by the on
GERS Of said Nebraska Grain Dealers asso
ciation where the prices of grains ar
fixed, to be in force until changed at som
subsequent meeting. That the prices ar
thereby maintained directly by the de
PENDANTS and by collusiyely restricting tn
ducive to such result by imposing and col
Letting penalties for the violation of tn
rules fixed by the association and its on
GERS, and by notifying one another of tn
delinquences OF any OF its members, and b
keeping a blacklist Of such delinquents. an
by refusing to deal with them, the pric
of grain is established and competition 1
destroyed
Receiving Rebates.
| That said defendants each and a
OF them, intending to monopolize said trad
and commerce in grains and to preveT
competition therein, and to nx the pric
earnings or profits arising from the bus
ness, have each and all engaged in an
will continue agreements and arrangement
| with the several railroad companies doin
business in the said state OF Nebrask
whereby the defendants receive, secret
and contrary to law. by means OF rebate
and other devices, freight rates less tina
those charged the, public, and thereby dis
criminate against any independent eleva
grain business. which tends to destroy con
petition In the trade and commerce of graf
and thereby no competitor is able to Ell
gage or continue In such commerce, whic
fact results In giving the defendants
monopoly of the trade and commerce
grains in the state Of Nebraska,
| Nebraska Grain Dealers association to
| unlawful, each and all OF them intend
| continue and maintain their membershi
therein and to sustain and carry on tn
unlawful purposes thereof and enjoy III
| unlawful profits and advantages arisin
therefrom, all In violation Of law and
| the irreparable injury OF the public. an
thereby said defendants and each Of thel
intend TO continue to arbitrarily fix Il
| prices OF grain by the devices and In Il
| manner aforesaid, to restrict and restra
| trade aud commerce In grains, to stir
| prevent and destroy competition in Il
| purchase and sale OF grain. and to diviC
the aggregate or net profits of their bus
| ness so conducted and operated by the
as aforesaid, all In fvioietion Of law and
the irreparable injury of the public.
| That IN pursuing the unlawful pu
poses hereinbefoTe specified, and In partic
pating in the unlawful conspiracy, pool al
combination hereinbefore named, those d
PENDANTS who are domestic corporation
OF the laws OF this state and doing busine
therein. have abused and violated the
franchise and forfeited the right TO ext
and do business, and their charter shou
be revoked, vacated and cancelledi al
those defendants which are foreign corpo
atoms. organized and existing by virtue
the laws OF states other than Nebrask
OF Nebraska by comfy and sufferan
merely. have kewiseA abused their fra
chises and forfeited 'vi3atT right to long
engage In business in Nebraska by wtilful
! violating the laws of this state, and shou
be ousted from the state
Not out OF Business.
mo. the association wfli not go out
business Just yet" said Aryron L. Learne