Omaha daily bee., 1906-12-22
GRAIN DEALERS ENJOINED
Nebraska is ooiation Must Dissolve, Ao-
oOrding to supreme Court Decision.
eONORlNG ACT DOES NOT NOW APPLY
Companies DO Not Lose Charters and
Elevation Charges Are Matter
for Confederation of
United states.
(From a Stan Correspondent.)

pofary injunction issued by the supreme
court against the members Of the Ne
braska Grain Dealers association was to-
day made perpetual by the court except
TO these defendants, against whom the
proceedings were ordered dismissed: Holm
quist Grain company w. b. Banning,
Peavey Elevator company, American Grain
company, Atlas Elevator company, Anchor
Grain company, Speits Grain company,
Evans Grain company and John T. Evans.
The injunction prevents the grain dealers
from continuing their organization with
the alleged object Of controlling the price
to be paid for grain. The action was dis
missed against the defendants named be-
cause they had not been properly notified
of the time and place of taking depo-
sitlons No punishment, except the disor-
ganization of the association attaches to
the finding Of the court, though future
infraction of the law will place the de-
PENDANTS in contempt Of court.
The court merely found the facts as re-
ported by Referee Pemberton and upheld
his recommendations in all law points. 1t
held the payment of the elevation charge
is a matter of interstate business over
which the Nebraska court has no juris-
diction.
Chief Justice sedgwick wrote the opinion
and he endorses the findings of the referee
in full and said his conclusions were justi-
fed.
Case Pending for Year.
The case has been before the court for
almost a year, the defendants filing de-
murrer to the petition of the attorney
general who charged the dealers were or
ganized to control the grain trade of the
state and to make prices. Senator Penn
berton was then appointed to take testi-
mony and make a report to the court.
This was done and both sides filed eX-
ceptions to the report and the case was
argued before the court proper before the
adjournment for the summer.
Following is the syllabus:
Dispositions cannot be used as evidence
against parties who were not notlhed OF
the time and place of taking the same ana
did not participate therein.
In en- action under the statutes COM
monty called the 'Junkin Act, Jaws Oh
| 1905, page 636, to obtain an Injunction re-
! straining violations of the act. the court
/ is not authorized in the first instance 10 de-
! clare forfeiture of the charters OF cor
porations found to have violated the act.
The allowance by railroad companies OF
certain charges as elevator charges, 70
/ terminal elevators on shipments OF grain
| from points in this state TO points out Oh
! the state, is an incident of interstate com
merce. and this court has no jurisdiction
/ to limit or control the same.
| In an action Brought originally in this
! court there is no doubt that the court,
! in IT, discretion. might, upon motion of
/ one OF the parties, recommH tne inaltel
| TO the referee, to take additional evidence
and report thereon. But where there mas
been fair hearing before the reteree,
and there is no evidence of accident OF
! surprise preventing fun investigation oi
the rates nor that further evidence car
be furnished that might probably change
! the result reached by the referee, such
motion will be denied.
The report Of a referee viii not be , SCI
! more weight to certain evidence tending
! to support his report than the facts, as
shown by the whole record will warrant II
the evidence, considered together, supports
| his findings II Is sufficient.
For several years prior to the time the
act of 1906 toOk effect the defendants had
| been. engaged, through the means of an
association which they had formed fol
/ that purpose, in systematic course on
conduct made unlawful by that act In
! forming that association and becoming
members thereof they had agreed 70 con
tinue to promote its objects until they
| severed their relations with II. In the
| absence of evidence showing aftirmatively
: that they had taken the necessary steps tC
sever their connection with the assoclay
tion before or at the time the. act tool
I effect the presumption Will obtain agalns
/ them that this action brought soon attel
the act took effect 70 en12in a continEH
/ defendants from carrying out its purposes
was necessary and proper for the enforce
| ment or the act
Money on Deposit Taxable.
Money on general deposit in a bank II
subject to assessment and taxation, 81
the supreme court held today in the cas-
of w. f. Critchheld against the county o
Nance, appellant, Crtchfeld had on de
post in the First National bank of Full
Ierton 81 600 and he owed the Union Stool
Yards bank OF South Omaha $1,000 Th
county assessor returned the money on de
posit for taxation. and refused to ALLOW
the Indebtedness to the other bank to offse
II. Critchfield appealed TO the distric
court and he was allowed the offset. Tn
county appealed to the supreme court ant
the lower court was reversed, the hghe
court holding:
"The expression. money deposited II
bank as used in section 4 Of the revenu
act Of 1903, is intended to include none,
on general deposit in bank"
journal Company Wins.
The suit against the State Journal com
pany for $S4,5OO, which amount the stat
contended the Journal company receives
from the unlawful sale of supreme cour
reports, was won by the Journal company
the court, with Judge Letton dissenting
holding to its former opinion.
In the suit OF Edward Rosewater, appel
liant, against f. W. simeral appellee, tn
court affirmed the decision Of the lowe
court.
IAN interest in that case was lost ST.
months ago, when Judge Pemberton sub
mitted his opinion as referee said Ed F
Smith, one OF the attorneys for the Ne
braska Grain Dealers association. Pre-
vious to that time Il was OF interest be
cause Norris Brown was attempting to re
woke the charters OF the grain companie
which composed the association. Mr.. Penn
berton decided against Mr. Brown on ever
point except that OF restraining the asso
citation from doing business. This point 1
OF no interest, because the association dis
solved a year and a half ago and has n
incentive for reorganization. Mr.. Brow
gained nothing but what we would hav
been willing to give six months ago"
That's amusing" said A. II. BewsheI
who at one time was secretary Of the as
ISOLATION. Funny thing TO restrain an or
ganization from doing business that hasn'
been in existence for more than a year"
Miners want More Wages.
] ~