The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-12
Senator Ganse Files Report in
Harvester Case.
One Point Against and One for
Company.
'AY NO CHARTER FEE
Holds That the Company Is Not
Liable.
Must Answer for Violating Anti
Trust Law.

State Senator H. e. Ganse, who
was appointed by the supreme court
as special commissioner to hear evil
dence and make findings of fact in
the custer suits instituted by the state
against the International Harvester
Co., filed his report today. Two
causes of custer were alleged by the
attorney general, first, that the de-
fcndant was conducting a trust or
corporation, and second that it had
failed to pay it's full and legal char
ter fees amounting to some $4,000.
The commissioner found for the
state in the matter of the defendant
being a trust, but did not sustain the
states allegations as regard the pay
ment of the charter fees.
In arriving at his conclusion that
the defendant is a trust the commls-
Eioner used the following language;
THE practical effect of this mer-
ger, and the connection of the defen-
ter company of New Jersey, has been
TO regulate and control the retail
and wholesale prices of harvesting
machines in the state of Kansas, ana
to secure to the defendant approx
mately eighty-five per cent OF TINS
business within this state"
AS regards the failure of the state
TO maintain its point for the payment
of the charter fees by the evidence IN
the case the commissioner found that
the harvester company of New Jer-
sey was a manufacturing corporation,
paying charter fees in that state 1or
that privilege, but that the brancn OF
the company established in Kansas
was a selling corporation, apart from
the first named but controlled by the
same people. His decision was, there-
fore. that as the company paid CHAR
ter fees on it's selling branch In Kan
INO M
also on its manufacturing branch.
This decision regarding the payment
of charter fees will not, however, al
feet the other cases brought by the
state and now pending against otner .
. corporations for nonpayment of char
ter fees. as the other corporations are
united into one company
The decision of the special commits
sioner. as a whole, is favorable TO the
state, but the harvester company can
also gain consolation from the findings
of fact.
The report is very clear and COM
prehensive, covering the operations OF
the companyin this state and narratlng
all the particulars in connection with
its business dealings, sales, etc, IN d
most thorough manner.
The commissioners findings would
seem to indicate that the harvester
company is one of the biggest business
institutions in the state and that IT
has been of great benefit to the state
and will continue to be if properly
curbed in it's trust proclivities. The
average yearly sales if the company in
this state of headers, binders and
mowers sold are about $4,000 and that
10000 of the defendants machines
are in use in Kansas at this time.
In the binder. harvester and mower
line the defendant has competition to
an extent ranging from per cent to
25 per cent on the total business done
in these lines in this state. The aver
age of the total business secured by
its competitors amounts to about 10
per cent.
In the other lines in which the de-
fendant deals it has both active and
effective competition in this state.