The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-26
TO DROP IT ALL.
Millers Trust Suit Will Be Dis
missed.
Compromise Arranged by As
sistant Attorney General.
PROMISE TO BE GOOD.
Agree to a Dissolution of the
Organization.
Puts an End to Long and Ex-
pensive Contest.


general, returned today from Wichita,
where he met Thornton W. Sergeant
and about twenty southern Kansas
mlllers and agreed to dismissal of
the suit brought to break up the alleg-
ed millers' trust which has existed I'M
der the name of The Southern Kansas
Mfllers' club and the Southwestern
Bureau of Information
Under stipulation agreed to by Mr..
Dawson, attorney for the state and
Mr.. Thornton, attorney for the millers,
the district court of Sedgwick county,
presided over by Judge Wilson, will is
sue a permanent injunction prohibiting
the two organizations from attempting
in any way to control or regulate prices
to producer or consumer of wheat and
mill products.
The stipulation is in the nature of a
compromise, for the suit as originally
brought was not only for an injunc-
ton, but also to dissolve the organiza-
lions. The state waived the dissolu-
tion of the two organizations, but got
the injunction which will pull their
teeth. The state took the position that
there was no need of dissolving the or
ganiZation if they conform to the laws
of the state.
The suit against the alleged millers'
trust was brought a year ago, and
II
that the secretaries and managing
boards had sent out notices to millers
Suggesting" prices to be paid for
wheat and prices to be charged for
flour. At the meetings of the m1llers
these matters had been discussed, and
millers which failed to stand by the
prices fixed by the organization were
called on the carpet. The state got an
order from the court allowing interrog-
atories to be put to the mlllers' as
sociations, and the state propounded
$50 of these interrogatories. The inter-
rogatories have never been answered.
because for some months there has
been talk of compromise. For time
it Ioked as though an agreement
would be reached, but some of the mil
lers protested against the terms offered
by the attorney general They wanted
to end the expensive litigation, put
they didn't want a judgment finding
that they had Intentionally violated
the law. Negotiations were therefore
called off about month ago, and since
that time both sides have apparently
been preparing to fight the case to-
finish Within the last few days an
other conference was arranged, and
the settlement has been submitted to
Judge Wilson for his approval. The
journal entry will probably set forth
that the members of the millers' or
ganizations didn't know they were do
ing anything contrary to law.
n Thornton w. Sergeant, attorney for
the millers said in speaking OF the
decision: This puts an end to what
promised to be a long and expensive
fight and clears the way for mil
lers' organization wholly along recog-
nized legitimate lines. There is no
doubt that the millers intend to stay
absolutely within the law, and this
judgment in no way interferes with
the legitimate work of these business
associations. I am satisfied that the
attorney general had no intention TO
hamper or cripple a great domestlc
Industry like the milling business OF
Kansas"
The following is the. stipulation
which the attorneys have entered in
to:
"It is stipulated and agreed be-
tween plaintiff and defendants for the
purpose of terminating the great ex-
pense attendant upon continuance
of this controversy that plaintiff snail
withdraw its demand for the dlsso-
luton of the Southern Kansas M1llers'
Commercial club and the Southwest
ern Bureau of Information, and that
the defendants shall submit to a
Judgment of injunction perpetually
enjoining them and each OF them
from using said organizations or
either of them as a means or agency
for the regulation or maintenance OF
prices of wheat, flour, bran, shorts.
meal or chop within the state OF
kansas and that the defendants and
each Of them may be perpetually re-
strained from entering into any ar
rangement designed to or which tends
to advance reduce or controi the
nrices or the cost to the producer OF
r. the consumer of either of said ar
t;o1as or PRODUCTS within the state of
Do,.s.s and that defendants will pay
tho costs. "