Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-27
TESTIMONY IN GRAIN CASES
Attorney General Brown Puts Number Of
Dealers on the Stand.
PAYMENT FOR RELOADNG GRAIN CARS
Secretary of Lumber Dealers AssOcia-
tiOn Makes statement COncernIng
Action Brought by Attorney
General brown.
ORION a STAR Correspondents

(From stan Correspondent
LINCOLN. April 26.-(special.) 1.-The TAX
ing Of the testimony in the case wherein
Attorney General Brown is seeking to Sc
cure a perpetual Injunction against GER
tain grain dealers to prevent them from
combining to control the prices to be paid
FOR Nebraska grain was begun in the SUI
preme court rooms this morning before
Referee Pemberton of Beatrice. BY the
heads Of a number OF prominent grain
firms the attorney general, who is assisted
by former Chief Justice Sullivan. showed
that the terminal elevator owners were
paid by the railroads IA cents hundred
for loading grain to be shipped east of the
Mississippi river. At the conclusion of the
hearing this afternoon Mr.. Brown desired
to stipulate that all defendants who did not
own terminal elevators were not paid this
money for reloading and while the lawyers
present were willing to make the stipula-
ton, It was not made because many of the
defendants were not represented by coun-
sci.
During the discussion Of the stipulation
the statement was made by Ed p. Smith
and President Updike of the Updike Grain
/ company that any person could get this re-
loading or transfer fee II the grain was de-
| livered to the Great Western at Omaha.
! This road. the attorney said, owned an ele-
vator and allowed the grain to be regarded
I'm it and then allowed the dealer the IL
cents for reloading it,
Attorney General Brown will contend
that the sum paid for the transfer of grain
or the reloading of it. is In the nature OF
rebate and not being paid to dealers
/ who do not own terminal elevators, the
latter has a certain advantage.
I'll.
and President Updike of the Updike Grain
! company of Omaha; c. G. Crittenton OF
Lincoln and Frank Fowler Of Fremont
The attorneys present for the defendants
were F. NJ Hall of Lincoln. NJ. L. Learned
and Ed. P. Smith of Omaha and Attorney
| COPYRIGHT of Fremont. Attorney General
| Brown, J. ]. Sullivan and Deputy Attorney
General Thompson are looking after the
interests of the state.
Some months ago the legal department
of the state secured temporary restrain
ing order to prevent the grain dealers
from combining. To the petition filed the
grain men demurred. The demurrer was
overruled and a referee appointed to take
evidence and report to the supreme court.
Only short session was held today and
tomorrow morning at 9 o'clock the second
session will begin with other prominent
grain men as witnesses
witnesses All Agree.
The testimony of each witness was prac-
tically the same. Mr. Updike whose com.
pany owns terminal elevators at South
Omaha, Lincoln and Missouri Valley, Ia.
said his company had never received any
rebates from any railroad company II he
had a car shipped to his terminal elevator
and it was unloaded and then reloaded he
| maid IL btyn Por H.,
This charge he said was arbitrary and he
did not know the cost of the work done
Statements of the cars loaded were sent Il
the railroad companies and the bill wat
paid. There was no agreement that such q
charge should be paid but 1t was merely
a custom, he said. t-
The rate from Hastings to Omaha, h,
said, was 16 cents hundred, and from
Omaha to Chicago was 70 cents, but IL the
: car was shipped clear through It would cos
q cents. The witness explained that som,
Of the dealers in Chicago sent out bids t.
the small shippers or individuals Just tn,
same as were sent to the terminal owners
! but IL the grain was not transferred a
: Omaha the individual shipper would &c
3 the IL cents for reloading, or, in othei
words, would get y OF a cent more fo
their wheat. If the wheat was transferre,
at Omaha the terminal company would ge
. this fee for reloading. The fee was eithe
paid at Omaha or at Chicago, he said, an,
was only paid once.
Capital City Briefs.
]. F. OHara and Lillian OHara, unde
Z arrest at Omaha and wanted in Chicago
for grand larceny. will be taken to the biI
city Governor Mickey today honored
/, requisition for their return to Illinois.
III,
: speech before the Knife and Fork club o
Z Kansas City and will return to Lncoli
v tomorrow. He went to Kansas City thi
s morning.
The taking of testimony in the Union Pa
o cific tax injunction case viii begin agai
: next Monday. At that time the attorne
: general expects to put Secretary of Stat
: Galusha and Land Commissioner Eaton o.
the stand. They were not here when tn
q other members of the board testified las
g week.
? Statement by Grain Men.
d Secretary Critchfield today gave out tn
r following statement regarding the petitio
l, filed yesterday by Attorney General Brow
s. asking for an injunction to restrain eertai
:. lumber dealers from combining to contrC
l. the price OF lumber:
;; Several weeks ago I showed Attorne
laws of the Nebraska Lumber Mems as
ISOLATION and offered to let him read ever
q scratch Of correspondents In the ONCE, ~
J. Guiding letters to and from the dealers !
1 the state. He read the constitution, bu
= declined to read the correspondence. tol
% him our aims and asked him IL we WEI
= a trust I told him that II our associatio
" was doing anything contrary to law
wanted to get out OF Il. He declined
answer. Said he wanted more time I
think II over.
d Just two things in the petition we wi
admit, and all the rest will be denied al
4 solutely. We reserve the right to receiV
and disseminate information regarding III