Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-26

directly to a consumer al any place within
the state Of Nebraska, and to at once adj
wise the membership Of said association
Of that fact to the end and for the pur-
pose OF Coercing the wholesaler thus selling
10 the consumer TO desist therefrom on
pain and penalty OF a boycott on the part
OF the members OF the association. which
said duty the defendant, Critchfield. has for
years and Is now most diligently and as
IL was further understood and agreed
by and between each and all OF the de-
PENDANTS that none OF them should solicit
or accept trade from a purchaser unless
such purchaser resided within the terri
tory naturally t5ii6gtsTSd 20 SAID me q.
has been faithfully kept, with few excep-
TONS by the members OF said association;
and in the event OF violation Of said
agreement by and between said defendants
II was the duty of the said secretary, which
duty he performed, to notify the offending
with the dealer whose territory he had
invaded by surrendering to him the profit
OF said sale. And In the event that a whole
sale dealer in lumber and cement should
violate the rules and pratices OF the as
ISOLATION by selling directly 10 a consumer,
said wholesaler was expected to pay the
member OF the association In whose terri.
tory the consumer resided a reasonable
profit on the lumber or building material
so sold.
II was further understood by and between
the defendants and members OF said associ-
alton that such members as had lumber
yards in the same city or village should
charge to the consumer the same prices
for lumber ana Dulld1nB materials, which
agreement has been Tor years and is now
being faithfully kept and observed gen
orally by the members of said association.
In violation of law defendants thus
formed and now operate a trust. monopoly
combination and conspiracy In restraint OF
trade and commerce. and deprive the peo-
pie Of the state of their lawful right to
an open market for the purchase Of lum-
Der, cement and other building materials
by means of this unlawful trust. monopoly,
combination and conspiracy against trade
and commerce defendants have arbitrarily
and unlawfully increased the prices OF lun-
Der, cement and other building materials
and now exact from the purchasers thereof
throughout the state exorbtant and unrea-
sonable prices, thereby appropriating to
profits and gains, and thereby destroying
competition in the lumber trade OF Ne
braska, all to the gross and irreparable
injury of the people OF said state.
Tekamah Bank to BE Registered.
Tekamah, which voted $4,000 electric
light bonds some months ago and which
the auditor refused to register because the
bonds amounted to per cent OF the as
sessed valuation of the town, will after all
get the bonds registered and be permit ted
to sell them. At the same time Tekamah
was turned down so was Red Cloud which
voted bonds u.der the same statute as did
Tekamah The latter town laid down and
did nothing and Red Cloud appealed to
the supreme court for a mandamus to COM
pei the auditor to register the bonds. The
court held It was legal for a city or village
to vote bonds to the amount Of per cent
Of its assessed valuation, even though an
other section of the statutes limited the
amount to ~ per cent OF the valuation.
The former section, the court held. had not
been repealed In view OF this decision
the auditor wrote to Tekaham to send
down the bonds. and II the only point
upon which they had been refused registra-
ton was that which applied to the Red
Cloud bonds, they would be registered.
Democrats Find q Slogan.
Leading democrats of Lincoln have dis
covered a paramount issue for the coming
campaign and intend to work It to a finish.
This paramount issue, so one OF the faith
full said today, is to be a two-cent rail-
road rate for passengers to go along with
a no pass declaration. These leading dem
ocrats figure that as their convention Is
to be held a week ahead Of the republican
convention they can take all of the thunder
and put It in their platform and what
ever the republicans do they will be
charged with stealing democratic material.
In the meantime word comes from George
Washington Berge through a lieutenant
that he will return to Lincoln shortly with
a red-hot statement to be made the public
regarding affairs politically and what
should be done by the party to get a cor
ner on the pie corner. AS BerBe was the
late standard bearer foe the democrats
his friends attach much weight to anything
he may have to say on political matters.
Grain Case Testimony.
! The taking of testimony in the grain
cases will begin tomorrow at IL o'clock be-
fore Referee Pemberton Of Beatrice. APP
| taI h,yt h. Il
and George F. Corcoran, Official reporters
of the NTH judicial district, who will take
tho testimony. arrived in Lincoln this at
| tarnonn. They reside in York