Omaha daily bee., 1905-11-19
BRIEFS IN TIE GRAIN CASE
State Contends for Right Of Proceedings
for an Injunction.
LAW PROCEEDINGS NO ADEQUATE REMEDY
Menu Composed Entirely of Corn
Products Prepared for the Ban
auet of Youthful Nebraska
COrn-GrOwers.
tFrom a Stan Correspondent.)

LINCOLN, Nov. 1S-(Special. )-Attorney
General Brown and former Chief Justice
Sullivan, in their brief on the suit for an
Injunction against the Nebraska Grain
Dealers association and the members and
officials thereof, which was fled in the su.
preme court today, claim that the evolution
Of society has made 1t imperative to ex-
tend the operation Of injunctions for the
prevention of Illegal combinations and
agreements for the control of prices as the
only adequate remedy for the protection of
the interests of the general public, thus
answering the plea of the numerous coun-
sci for the grain dealers that the equity
powers of the court cannot be invoked.
While the gist of the first brief filed by
tho attorneys for the grain dealers was the
alleged unconstitutionalty Of several stat
1tes. the second brief prepared by large
number Of eminent lawyers devoted itself
70 the argument that the state had no
light to seek a restraining order against
he defendants. but must resort TO quo
Warranto OF criminal proceedings against
the individual members.
Attorney General Brown contends that
the injunction Is the only effective remedy
FOR the trust and combination evil. He
says:
These cases show that It Is conclusively
established by the chancery courts of Eng
ldDut Dy the courts OF last resort OF many
states Of the union, and by the supreme
court of the United States, that the equity
power derived from the common law may
Do exercised to prevent monopolies from
.njuring the public; that this power may
DC exercised to prevent acts punishable as
crimes. and that II may be invoked by the
state regardless of pecuniary injury thereto
or the existence of a nuisance. 1t is also
established beyond question by the cases
,ited that the antitrust statutes denoun-
ling monopolies and combinations in re-
itraint of trade do not take from the courts
" equity their power under the common
.aw to prevent such injuries to the public.
He insists that the courts have a power
Independent OF the statutes to curb trusts
through the issuance of injunctions, and
hat the validity of the statutes is an inn
material factor, as long as the petition
sets out facts showing grave injury to the
grain selling public.
II must not be forgotten that the de-
PENDANTS are here admitting by their sew
eral demurrers the facts charged in the
Information to be true. They confess to
be conspirators all OF them, corporations
and individuals alike.
No other Remedy Effective.
The learned and eminent counsel for
defendants are mistaken. 1t is not the
purpose of this action to punish the Of
tenders and thereby vindicate the criminal
code. The purpose is to protect the pub
lie from continuation of the injury. The
right of the public to enjoy the benefits
of a free market In the necessaries of life
is one of the highest rights recognized by
1t be life or liberty; and when 1t appears
that the law will not protect and cannot
protect that right il falls to the province
No other remedy is even partially ade-
quate. The public in this case comes to
power of the chancellor. Under the ad-
United facts in this case the court, how
ever, may T. well well hold with . the supreme
Injunction to protect public rights is
mandatory, and not matter Of discre-
lion.
To deny the prerogative writ asked by
the state on the facts stated by sustaining
the several demurrers would be to say
In equity; or, that the. defendants being
IN part individuals and in part corpora
though they be Joined in the conspiracy;
or, that being Guilty of so many different
joined though the offenses are committed
in concert and for a common purpose; or,
that neither the statutes nor the common
so far as equity is concerned. To say
any OF these things is to destroy the hope
and may be trusted to exercise it In the
protection of the public against the mem
ace of conspirators in commerce. who APP
pear TO be growing more and more greedy
for the possessions of others, and more
and more reckless of the rights of others,
as they become stronger and more opu-
lent. The need of the occasion is not more
legislation by lawmakers, but the applica-
ton by. the courts of remedies already
future, are powerless TO cure the evil
that is imminent. or to right the wrong
already done, unless enforceable in a court
81 equity. In this case there is imperative
and immediate need of judgment by the
highest court of our state-a decree In
equity which is easy and certain of en-
rorcement and execution and which
strikes at the very existence of the wrongs
alleged. There is no power except that
90 equity adequate to protect the public
against the injury confessed by the de-
murrers to exist The demurrers should
therefore be overruled
Farmers stand and Deliver.
In the section of the brief prepared by
Judge Sullivan, he describes the grair
dealers combination as follows:
The information shows that defendants
formed a combination conspiracy TO con
troll for their own profit the price of grair
produced In this state They created
monopoly OF the business of buying and
selling grain. They fixed for themselves
without reference TO the laws of trad,
ceive out OF each bushel of grain pro
duced in Nebraska. They ruined indie
pendent dealers and drove them out o.
business. Their profit was measured b!
their own rapacity and craft and divided
among themselves. The producers of grail
We're not consulted. Their part was 4
stand and deliver. The farmers planted anS
labored in the wind and sun FOR their har
vest and took their chances with droutl
and storm. Defendants took no chances
Neither did they toll They met at night
in secret, and in advance nXed prices ans