The Detroit times., 1911-11-15
SUPREME COURT OF
MISSOURI GUSTS
HARVESTER TRUST
Declares In Order That 1t Is
Combination In Restraint
of Trade.
COURT SIMULTANEOUSLY
ASSESSES $4,000 FINE
~. $3.50
Business Mel and Senate Com
mittee To Meet In Washington
to Analyze Trust Law.

JEFFERSON CITY. Mo, Nov. IL
Chsracterizing the international Har-
yester Co, as a gigantic and nefari'
Gus scheme" and passing upon It
practically the same judgment rem
dered in the case OF the Waters Pierce
on Co, IN connection with the Stand
ard OIL case, Judge Graves, OF the SUI
preme court of Missouri, today wrote
the controlling opinion in the Inter
national Harvester case, holding that
the company should be ousted and
ined $4,000.
The custer will be suspended, says
the court, by the payment of the fine
within o days, and if within that
time, the company withdraws from its
connection with the New Jersey com
pany II will be allowed TO do business
ia this state
b. this decision the company is
further ordered 10 make a complete
statement Of its capital and business
IN Missouri. and agree to stop engag
ing In business that will make COM
blnations to control output and prices
OF harvester machinery in this state
and TO comply with the laws of Mis-
souri,.
CHIEF Justice Valiant in his opin-
ion. wanted TO Gust the company. but
leave the amount of the fine TO be
determined later
Judges Woodson, Lamm, Brown and
4 Ferris concmred in the Graves opin-.
ion.
Judge Kennish, being of counsel,
did not sit.
Todays decision by the supreme
court followed the report made by
Special Commissioner Theodore Brace
IN the suit entered against the har-
resteF company by Coy. HadleX when
he was encouragement Of Missouri.
In his report, Brace declared that the
international Harvester Co. was or
ganized by the respondent. and its
leading competitors and their proper
< ties were transferred 10 il for the pur-
pose of suppressing competition.
The International Harvester Co.. of
New Jersey, now capitalized at $780,
O00, 900, was formed by the leading
harvester firms, the Mccormick,
Deere, Plano. Osborn and Champion.
taking over the Buckeye. and pur'
chasing the respondent, which was
the Milwaukee OF Wisconsin. chang
ing its name TO the International Har-
yester Co. OF America.
The company made a return admit
ting virtually all the allegations OF
the petition. but declared that its
business was not in violation OF the
antitrust laws of the state.
Judge Graves, In his opinion, sus-
tayls the special commissioner in all
his findings. and says that the organ
ization OF the International Harvester
Co. was simply a scheme TO evade the
laws Of the country. control prices
and outputs of farm machinery in
this state. After discussing the plan
OF the company, the decision says:
The respondent in this case was
part and parcel OF this gigantic and
nefarious scheme. For some years IL
has been the mere sales agent of the
International Harvester Co.-the New
Jersey organization. II was licensed
ia this state to sell its own goods, but
Il is now selling the goods of another.
I As such party TO an unlawful arrange
ment or combination. II should suffer
the penalties prescribed by our laws
The decision OF the supreme court
came as the result OF a report filed
Sept by Special Commissioners Theo-
dore Brace, on the custer suit against
the company begun by Gov Hadley
when he was attorney-general In
This report the company was alleged
10 be violating the antitrust laws OF
Missouri in that IL was the agent for
the International Harvester Go. OF
New Jersey, corporation with $780,
100000 capital, controlling practical
ly all the standard makes OF harvester
machinery The company in a reply
admitted the allegations concerning
its connection with the parent organ
lzation In New Jersey, but denied that
IL was doing business in violation Of
Missouri laws.
Today's decision is considered i'm.
portant in connection with recent
antitrust moves OF the department OF
Justice and the fact that Missouri
started the agitation against the
STANDARD Oil Trust
CHICAGO, Nov l4.-lnternational
Harvest Co. officials here, at the head
Offices OF the corporation, refused 70
comment on the decision OF the Mis-.
souri, supreme court, ousting the com.
pany from Missouri and imposing a
fine of $4,000.
II was said that no statement would
be Issued until a copy of the opinion
had been received.
DETROIT GIRL HURT ON