The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-02
TRUST IN COURT.
Harvester Combination Is Call
ed to Explain.
Faces Criminal Charges Before
Judge Dana.
A JURY is SECURED.
Implement Men Summoned to
Give Testimony.
Attorney General Jackson Tells
What He Will Prove.

a year ago by C. C. Coleman, then at
torney general for the state against
The International Harvester company,
has been on trial in the district court
today. Little testimony has been in
troduced. Nearly the entire morning
was consumed in securing a jury and
transacting the preliminaries neces-
sary to the trial of the case. The jury
consists of the following men chosen
from the varied walks of life: Will
liam Henderson, w. Allen, E. Watson,
F. Whitaker, j. M. Montgomery, B. F.
FinkhauSer, o. v. Carver, James
Mitchell, R. E. Reinerson, oliver De-
trick, Jesse Baughman and E. Rid
ings.
The suit is brought for the purpose
of enforcing the penalties prescribed
by the statutes for the violation of the
antitrust laws of the state and as
there are seventy-five separate charges
with the maximum penalty of $1,000
the harvester company is subject to a
fine of $4,000 in case of conviction on
all of the counts and the assessment
Of the maximum fine.
The contention of the state is that
The International Harvester company
is being operated in violation of the
trust laws and there is at this time a
case pending in the supreme court in
which Attorney General Jackson is
seeking to oust the company from
Kansas. 1t developed in taking evil
dence shortly after the case was
brought that the International Har-
vester company is not a manufactur-
ing institution but simply an agent for
company of nearly the same name
which is incorporated under the laws
of New Jersey and is acting solely in
the capacity of sales agent.
The list of witnesses subpoenaed by
ha includes
implement dealer in the city as well as
several others who in the past or are
at the present time handling some of
the dozen or more varieties of machin-
cry cor. rolled by the company. G. E.
Denton secretary of state, and Chief
Clerk H. E. Morrison of the same office
were placed on the stand to prove that
1t is now the owner of charters Issued
In the past to the independent COM
panies which 1t has since absorbed.
The Harvester company is represent
ed by Stanley, Vermillion and Evans of
Wichita, all three Of the members OF
the firm being present at the trial OF
the case and J. G. Slonecker of Topeka.
The state is represented by Attorney
General F.. s. Jackson, Assistant Attor-
new General ]. S. Dawson, ex-Attorney
General C. C. Coleman and Major A. M
Harvey.
Every inch of the way is being con-
tested by the attorneys for the Harves-
fer company and the indications are
that a strong fight will be made to pre-
vent a verdict being returned against
the company by a jury in the lower
court.
One of the clauses upon which the at
torneys for the state rely to Sc
,1re a conviction is the 22nd in the con-
tracts of the company and is as fol-
OwS:
"said agent especially agrees not to
accent the agency for or to be inter-
ested in the sale of any grain-binder;
header. corn binder, husker and
shredder, reaper, mower, stacker
sweep-rake, hay-rake, or hay-tedder,
other than those manufactured by the
International Harvester company.
either directly or indirectly, nor to
permit any one acting for him as em-
ploye, agent, or partner, so TO DO Wn1le
acting as agent for the said company
agrees to pay said company, on de-
nand, as liquidated damages, twenty
i've dollars for each grain binder,
reader, or corn-binder; fifty dollars
dollars for each mower, reaper, or
TIA cker: five dollars for each sweep
AXE. hay-rake, or hay-tedder, sold in !
yiolation of this paragraph of this |
lgreem ent.'
In his statement of the case to the |
ury Attorney General Jackon said: |
We expect the court to instruct you
n this case that trust is any con-
piracy, agreement or arrangement, en-
cred into by two or more persons for
he purpose. of finding or controlling
rices of any commodity of trade or
or the purpose of restraining trade.
sIt is not solely matter of raising
rices, but one of controlling or fixing
he price of a merchantable article. BY
he term restraint of trade" is meant
the natural production, or
uppIy of any article of commerce or
rade in a given community, preventing
fv-Nr0 1
ngaging in trade, who would naturally
O so and thereby producing or tend
no TO produce in the hands of favored
ersons a monopoly of the production
nd sale of the certain articles OF trade.
Grinder the law of our state, such
r,st or conspiracy may be entered into
etween two or more persons: or be-
veen two or more corporations or
rms: or between one or more persons
18th a corporation, or firm. A trust
,av he formed by corporation itself,
" an agreement to fix prices or re-
frain trade. entered into between the
and it's officers, directors
nd stockholders, agents. and employees.
The principal ingredient OF every IL
gal arrangement in the nature OF a
trust is the intent and purpose and
OF the particular form it may as
lme Starting then with these ele-
lentary principles in mind, / shall
ndertake to detail the main facts up
a which the state relies for con-
ctfon.
For several years Immediately pre- {
sding August and September 1902,
lere existed in Kansas and in this /;
,unty and in every village and city
lereof the Sharpest competition in
le sale of farm and harvester ma
linery. While there were no fac /
ries in the state, there were some
wen or more companies which man {
sactured elsewhere and sold such {
achinerv In every community Each $