The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-07
CALLS 1T TRUST.
Santa Fe's Answer to Implement Deal
ers' Complaint.


The Santa Fe railway has fled its
reply with the state board of railroad
commissioners to the suit brought by
the Southwestern Implement Dealers
association for reduction IN freight
rates. The charge is made by the Santa
Fe that the implement men have form
ed trust and combine, and are not
entitled to any recognition by the courts
or by the board of railroad commits
sioners.
1t is doubtful whether the board Of
railroad commissioners will take Up any
more rate cases until the federal court
decides the cases there pending to settle
the right Of the commission to adjust
rates
I'VE have abundant proof that the
/ Southwestern Kansas Implement Deal
eFs' association is trust and combine
said Judge W. r. Smith, general attor-
ney for the Santa Fe. Under the laws
of Kansas the protection of the courts
I is Withdrawn from a trust. In other
words trust cannot bring or main
1 tain a suit in the Kansas courts. Not
1 only this 1t is a crime for a trust to
/ operate in this state. So some criminal
proceedings are Liable to grow out Of
/ this matter
The answer of the Santa Fe reads:
/ Further answering this defendant
AYERS that the said the Southwestern
/ Kansas Improvement and Hardware
/ Dealers association has and had no
i legal capacity to initiate proceedings
herein or to complain of the rates and
/ tariffs charged for the carrying Of
/ freight by this defendant company
4 That said complainant is neither per-
son, firm or corporation, but is volun-
! tary association of implement and hard
ware dealers and not such party as
/ is authorized, under the laws OF the
state of Kansas to initiate these pro-
/ ceedings.
This answering defendant admits
that the Southwestern Kansas 1mple-
ment and Hardware Dealers assocla-
ton and the members thereof are en-
/ gagged in the retailing and whole
| sailing of implements, vehicles and
/ hardware in a large number OF cities
/ in the state of Kansas located on the
/ lines of railway above mentioned, but
this defendant AYERS that said per-
sons so dealing in said implements,
! vehicles and hardware are now and
for a long time past have been en-
/ gagged in an unlawful trust and COM
4 binatiOn, having for its object and
1 purpose the control Of the price OF
merchandise in which the members of
said association deal, and to restrain
/ and prevent competition among the
members of said association, and that
/ by reason of said unlawful combina-
4 ton the members of said association
fix the price on commodities in which
they deal. to the end that there may
be no competition among them, and
IndI SAID UleSai purpose mas the eneCl
to fix the standard or figures whereby
the price to the public of the COM
moditieS in which the memb of saiC
association deal shall be established
in a manner so that one dealer shat
not sell to the consumer at a lesi
price than another dealer in the same
commodity or merchandise. That al
of the memb ers of said association il
the doing of such illegal acts are guilty
of penal offense under chapter 49,
of the general statutes of 1901. anC
that if any reduction in rates is mad,
by this honorable board its sole result
will be to allow and permit said asso
citation to charge higher prices to tn,
farmers and consumers of merchan
disc in which they deal.
Wherefore. this answering defend
ant prays judgment for its costs here
in, and that the petitioner take moth
ing by its complaint.