Omaha daily bee., 1909-12-04
BLOW TO TRUST METHODS
Decision Of Dakota Court in DisOrim,
ination Case Far Reaching.
SUPREME JUDGES SCORE EAGAN
Decision RefusinH 20 Rsinstate Law
yer IL Couched IN strong nEu
and COneurred IN by New
Members Of Court.

PIERRE, S. D., Dec. a-CSpecial)-In the
decision OF the supreme court In the opinion
by whiting sustaining the lower court in
the case Of State OF South Dakota against
central Lumber Company, which was tried
in Mcpherson county, the court has sus-
tained In every particular the anti-discrim-
nation act which was passed by the lsgis-
lative session Of 1907. It appears from the
record that the appeal taken to the supreme
court was on the grounds OF constitution
ality Of the act. and while the testimony
showing discrimination was shown, the
company placed its faith on the question
OF coEstitutionality as the one point on
which they hoped to win.
It is asserted hat the Central Lumber
company, with headquarters at Minneapolis,
and which operates q number OF lumber
yards in the northern part Of the state,
attempted to follow Standard Oil policies
in this state, Where a competing yard had
to be dealt with, prices were reduced to
such a figure that the Independent could
not do business, end to make up for the
losses at this yard prices were boosted at
other yards, and then after the competitor
was frozen out, were further boosted at the
place Where competition had been elm
mated. on the showing OF the state alleg-
ing such facts, the company was found
liable in both civil and criminal actions,
and both cases were covered in the one de-
cision.
Under the law, the company lie liable to
a fine of anywhere from 500 up to $1,000,
and II is barred from doing business in
South Dakota.
This decision is a far-reaching one and
covers the first case under the unfair dis
elimination act, and Is one on which Attor-
ney General Clark has been making a fight
for over a year. 1t is, In fact, really a test
case under the law and lacked by the
decision of the supreme court, there are
likely to be other prosecutions under this
law, where such Determinations as are
alleged in the complaint against the Central
Lumber company are being carried on
within the state by the large corporations
who are able financially to carry on such
campaigns to crush efforts of Independent
dealers to operate competing business in the
state,
Supreme Court Scores Eagan.
The decision Of the supreme court in the
application Of George w. Egan for re-
instatement to membership Of the bar Of
the state was written by Justice Whiting,
ana concurred IN by Justice Mccoy and
Justice Smith. On account Of the peculiar
conditions in relation to the case, justices
Corson and Haney took no part in the de
clslon. Justice Whiting in his opinion, which
covers fifty typewrltten pages, goes not
only into the legal phases of the case, but
in fact Includes practically a complete his
tory Of the affairs in which Mr.. Egan has
been concerned, which led up to the present
situation.
He takes up first the legal phases Of the
case, then shows in detail the tactics of
Egan in carrying on his campaign, both
in the newspapers and in other manner in
his attacks upon the integrity of the
courts Of the state, and the judges Of such
courts. In one part OF the opinion he as
suInes that It is fortunate that a majority
Of the present membership OF the court
has come to the bench since the dlsbar-
ment Of the applicant. And this majority
alone acted after a review of the record
in all the different phases of the case,
leaving the members who had been at
tackled personally by, Egan entirely out
Of the present case, thus cutting that In
dividual off from IN opportunity to de-
clare the present decision a part OF the
Conspiracy to crush him continuing in
their former line Of action.
Newspaper Attacks Quoted.
The newspaper articles and clippings in
which Egan attacks Justices Haney and
Corson are quoted freely. and set up as
one good reason why suoh a man is not a
proper person to be a member Of the bar
of the state, His record and ~pleadings In
the hearing in which he was dlsbarrsd are
shown to be In q large part, assertion,
with Nothing tangible to sustain the ale
cations made by Egan in'his applications
and petitions.
Justice Mccoy In a short special opinion
ooncurs fully will the opinion written by
Justice Whiting. in which he holds that
his accusations against the courts of the
state show his moral unfitness to be an
attorney OF the court, while Justice Smith
simply concurs in the opinions expressed