Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-05-11

RUNEeL BROTHEaS. essss snt chosoisis Mrs. n. Y.
assessed every four years. has increased 20
to Is per cent during the last two years and
at this time the assessment Of real estate
In not more than 50 per cent OF Its value
He thinks his road should be cut down ac-
cordingly 500 to 500 per mile on the
assessed value.
Arguments In Grain Case.
Arguments were made in the grain case
this afternoon before Referee Pemberton,
the defendants having elected to put in no
testimony in answer to the testimony Of
the state. The state has attempted to show
that conspiracy has existed among GER
tain grain dealers to control the price to
be paid for grain In Nebraska. and in
furtherance of this conspiracy the various
railroads, have granted to the favored
shippers a rebate OF ~ cents a hundred
pounds on wheat these favored shippers
have sent out of the state. The attorney
general Is asking that a temporary 'injunc-
ton to restrain these dealers from COM
bining be made perpetual. and he is pro-
ceedng under no particular antitrust
statute, but on the ground that all of the
antitrust statutes are constitutional and
In effect and force. The defendants assert
all Of the statutes relating to trusts and
combinations have been repealed by the
1905 Junkln antitrust act and the state
must show this act has been violated.
In his argument Attorney General Brown
reviewed the evidence introduced. which
in effect showed the dealers divided the
state into thirteen districts and when
trouble arose in either Of the districts IL
was settled by representatives OF the other
districts and in one instance, he said, the
evidence showed a general freight agent
OF railroad had been called In and had
threatened to make an obstreperous dealer
remove his elevator from the right-of-way
Of the railroad company unless he agreed
TO stand by the combination. He said the
evidence showed the price Of grain was
fixed by a committee Of ave dealers. who
conferred after the Board Of Trade had
closed in Chicago each day. The districts
were notified Of the price to be paid on
the following day.
In answer to the contention of the de-
PENDANTS that the elevation charge Of IL
cents a 100 paid to terminal elevators, was
a matter OF interstate commerce, the at
torney general said was foolish. The
matter did not become Interstate COM
merce business. he commended. untn tho
car was loaded and billed. The act, he
said. was committed in Nebraska. The
elevator man owned the grain. and put
II in the car
"It would be Just as reasonable and
just" he said, ito say you could not ar
rest a drayman hauling wheat, who tres
passed on your lot because the wheat he
was hauling was, to be billed to Illinois.
II would be Just as much interstate COM
MERGE"
The TX cents paid the terminal eleva-
tors, he said, was nothing more nor less
than a rebate paid to favored shippers
and II, as the defendant said, the same
was paid to the farmer as we'll, he said
that would destroy the contention that
the charge was paid for work done.
The attorney general held II was not
necessary for the state to prove the de-
PENDANTS had carried out their intention
to control prices, but merely to prove
that a conspiracy existed to do this. The
incidents he noted. he said, merely went
TO show that a conspiracy did exist
Defense Has an Inning.
Harry Bronze, attorney for the Holm
qulst Elevator company. said his COM
pany had not been notified when the depo-
sitIons were taken last summer and he
asked the case against his client be dis
missed The attorney general objected
to this and asked that the court not dis
miss the case, but retain Jurisdiction.
Roscoe Pound OF the defendants eoun-
sci, argued against the manner of the
procedure of the legal department. He
argued the defendants had right to know
under what statute the state was pro-
ceeding The Junkin act should apply,
he maintained and he held Il was up to
the state to prove this act had been vio-
lated
! I'd p Smith followed Judge Pound and
argued that the giving OF the elevation fee
to the terminal elevators was not rebate
because II was given 10 all Of them. but
even II II was held 20 be rebate the state
courts could have no Jurisdiction because
II was Interstate commerce business. The
arguments we're not finished and another
session will be held in the morning.
After OaI or Gas.
The local oil company began 20 dig for
oil or gas this afternoon near Burnham,
south Of this place. A nfteen inch drill
Is being used and the officials OF the COM
pany believe they will strike gas or oil,
Head Back at OLD job.
Albert Head. who escaped some months
ago from the state psnitsntiary. is back at
his old Job. after sojourn down In Kan
sas and dear old Missouri. Head got work
with a Kansas farmer and. 30 the story
goes. fell in love with his employers wife
and the two hied themselves to 81. Joseph
There the irate husband followed and
caused their arrest Head was identified
IS the missing convict and was brough,
back to prison.