The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1906-12-19
BUMPERS DEFEATED
Judge Birkhead Decides the
Pooling Contract of Neel
~ of Mclean County.

Aaud r,i only makes the temporary in
iunyrinn permanent but insists That
thc duS uf the defendant as a law
Habidiug citizen is to deliver his toblc-
FL co in ilr pooling committee ana mus
Wke,,u mis- contract with that body In
ce0t io'att
~ Tho st,l, Of the suit is T. :. Coke
Aand Others AGAINST William Necl Tine
vop!ninn IN mH Is given below and Is
so lucid than II makes all features en-
4 Htirciy plain and IL viii BE- read with
iygreat interest by thousands all over
n Kentu1l,y ana even In all parts oi the
u cnuniry. Judge Birkhcad says.
Tbis action f. before the Judge al
the Mclean Circuit Court ON notion
5tltd the plaintiffs To grant y temporary
Injunction. temporary restraining
Ayicr having been granted hy the
Jerk of the Mclean Circuit Court ON
pvennder Both. 1906.
an wN2ao defendant comes and enters ms
\ Apearance to the motion. and 10y
IN litter answer filed with the Judte
2A>a its each and every allegation oi
petition tn be true. and consented
Fned the court might hear the motion
n the 1th. day of December, 1906, al
.<Lhe Colri honse In Davicss County,
W. The defendant VAS not represented
IA a. any attorney. the plaintiffs were
Kr.prcsrnted by able counsel. who ar
il gued the question of law at length
The Dptition is based ON the follow
ing contract;
We The undersigned persons, whose
signatures appear below. for and In
IL consideration of the sum To he adj
ii yanced hy the Louisville Tobacco
Warehouse Company. and other sums
that may be procured ON the following
~ named grades Of tobacco: Extra \
or. \ $500: Extra u $3.50 II $500.
&c S5O0: ID Si0O; Extra o $500; y
~ s3Gu: n $3.50. Trash $500: Common
Trash Sl.OO. hereby appoint engage
4 and employ the Executive Committee
~ the Green River Tobacco Growers
II Association of the American Society
d of EuuitN of Dayiess County, kentuc-
XIV. viz: +. \. Coke. !. W. Dunn. J. +.
Monarch. ". T.. Thompson, j. IL. Dan
VI lei. Paul Waltham. }. \. Thompson
and their Successors. our sole agents
Mo sell fOr M our respective crops ot
8 Nbaccn 10 be raised by us, or that
NJ Dc NAV own or control during the year
Id9O6. and we agree and bind ourselves
lo A. Ia prenarr for market all OF the
ii kob,rro that We may raise or own Or
contrrl during the year 1905. In the
Wlway and manner it may desire or des-
J ignnte and deliver the same at the
e place and to the person II may name,
~ and la allow said Committee To nave
II full and complete control Of the sale
of same. and do agree Ia abide bI,
land conform to. all Of its decisions
III and acts and Ia fulfill all OF said com
mites contracts ana engagements
connected with the preparation, deliN-
kCry or sale of said tobacco.
Tn defendant admits the signing
n of the contract. and the petition AYERS
u dn substance. that under the contract
Rshsy have made all necessary arrange
mepts for the handling of the defend
~ ants tobacco. and that many hundred
Il others signed contract in the eNacI
m terms of the one signed by the defend.
~ ant, and that they have employed en-
pert handlers of tobacco To grade,
class. preserve and prize the tobacco.
that the cost of each hundred pounds
4 would not exceed $l.2j per hundred
N lbs for the grading. chasing and priZ-
Hing. Il AYERS that the defendant Is
Y insolyent and that he has violated his
contract and sold his tobacco to one
John Massey. and has delivered por-
81 ton OF 1t, and is proposing to deliver
III the remainder unless enjoined from so
8 doing by this court.
n is further aVerred that the de-
PENDANT has 5000 pounds of tobacco.
and that amount was pledged under
the above contract. There are many
other avcTments in the petition that
Twill rot attempt to set out in this
Nnion.
4Ane questions that have arisen in
n n mind OF the Judge ON this motion
klre three IN number FIRST; is this
keoniract enforcible. and what powers
have the plaintiffs in This action 10
compel the defendant tu comply with
ito Clearly the defendant is the own
er of The tobacco, and the plaintiffs are
constituted his special agent. The
contract says hereby appoint, engage
u and employ T. 5: Coke aud others,
naming them orr sole agents to sell
for Us our respective crops to be
raised by us in the year 1906, and fur
Their To deliver the same at the place,
and H. the person it may name, and
have fun and complete control of
same. and 20 fulfill eli OF said Com
ymittce's contracts" This constituted
1.-THE plaintiffs the special agents Of the
defendant for the purpose Of receiving.
4classifying and prizing the defend
ants tobacco. The contract further
u provides that the defendants might
krsTeIye from s1O0 to $500 per hundred
zEbs. depending upon the grade and
N,uality of the tobacco. Sc, it is a suit
then between the agents and the priu-
$3al. and II IS sought in this motion
10 have u temporary Injunction gran
bed. This Is an extraordinary remedy.
especially so, as to The prayer In the
Spetitioh. which requests the court to
ldirect and order the defendant to de-
Iliver his tobacco to these plaintiffs,
hnd courts are slow 70 exercise the eX.
fraordinary remedy OF mandatory in