Crittenden record-press. [volume] (Marion, Ky.) 1909-191?, 1910-09-08

prices herein named for the
tobacco sold and purchased under
this contract are fixed and agreed
to upon the condition that if the
condition of the market for to-
bacco shall be so changed as to
convince the purchasers under
this contract that they can af-
ford to pay a greater price for
tobacco of any grade named and
purchased in this contract, they
agree to pay back such increase
price to the Stemming District
Tobacco Association for the to-
bacco of such grade named here
in. If the person named in the
sale contract shall, directly or
indirectly, purchase of any other
association, corporation or per-
son any tobacco of any grade or
grades named herein within the
territory known as the Stem
ming District within six months
after this date, for a greater
price than 5-erein named for the
same grade or quality, it shall
be conclusive evidence that the
price of tobacco in the market
has so increased and the pur-
chaser herein named agrees to
pay the Stemming District To-
bacco Association such increase
price for all similar grades here
in named
THE HUSTLER'S COMMENT
The Hustler, commenting on
THE above resolution, says:
The resolution, if adopted
by the District Board, will put a
new and rather interesting phase
on the tobacco problem" Con-
tinuing the Hustler comments as
fellows;
I'VE believe the purchasers
will noz object seriously to this
clause because it is reasonable.
Whether the change in the
market price of tobacco within
| the six months shall Justify him
in paying increase price is a
matter left to his discretion.
The contract is legal, we be-
lieve for the reason it in no way
restricts trade. No one can
deny that the Association has
the right to reserve to itself any
increase of price the market may
Justify within a period of time.
Certainly it cannot be against
public policy, either, for the AS
ISOLATION to trust the matter of
increase to the discretion of the
buyer. The Association is salts
| fed evidently that the buyer can
definitely settle the question of
increase price in favor of the
Association by directly or indi-
rectly purchasing tobacco of the
same grade or quality of any
other person. association or cor
poratiOn within the district at an
increased price. This, we sup
pose, is the meat in the cocoanut
though we have no right, prob
ably, to give stress to one portion
of the clause over another; but it
certainly puts a stop to the pur-
chasers under this contract buy
ing the same grades of tobacco
in this district at any greater
price than that paid the associa-
ton. 1t is said, likely, that the
purchaser of several million
pounds of tobacco from the AS
ISOLATION will be so anxious to
purchase more tobacco that he
will give an increased price to
any person out of the pool for
even one pound when it will raise
the price on that grade for the
entire amount purchased of the
Association. He may purchase
Of those who are out of the pool,
but he will likely be very par
ticular that he does not give any
greater price than that paid the
Association. Where the penalty
is so great it is quite likely the
purchaser will want no question
about this and see to it that there
is no room for dispute by making
! his prices to non-pOolers certainly