The Topeka state journal., 1922-05-08
PRIVATE YARD
Secretary Mercer Makes Report
on MistIetoe StOckyards.
Fowler Co. Must Pay on COun-
try Weights Basis.

That the secretary Of agriculture de-
clares the Mistletoe Stockyards OF
Kansas City. Kan. owned by the Fow-
Ter Packing company, to be private
yards, and that the Fowler company
be required to pay for livestock on
country weights TO pay prices agreed
upon at the point of-shipment rather
than at the Mistletoe yards, and to
accept shipments to the Mistletoe
yards without preliminary agree
menti are the principal recommends =
tions made by J. II. Mercer, sec
retary of the Kansas Live Stock assO-
citation. an intervenor in the case OF
the Kansas City Live Stock Exchange
against the Fowler, Packing company.
made public here today
The recommendations of Secretary
Mercer have been sent to Secretary of
Agriculture Wallace. for consideration
IN the final order regarding the Mis-
are concurred in by the National Live
Stock Producers association. another
intervenOr. thru O. O. Wolf. of Ottawa.
director Of the association.
Hearing Held i'm X. c.
The hearing ON the AIistletoe Stock
yards case was held in Kansas City.
beginning March q. 1t continued for
two weeks, during which time Kansas
and Missouri live stock producers tes-
titled regarding the activities of the
AllSLieLOe yards owned lle 4 ONltE
company. a subsidiary company of Ar
mour and company. At the close of
the hearing, Secretary Mercer was re-
quested to make recommendations on
the ease.
Regarding the question of whether
or not the NIisiletoe yards are private
or public yards. Secretary Mercer con-
cludes that the yards are private and
that they are operated as a public in
stitution, with the exception that COM
nerftfVa bIViUE does NOT exist
As TO whether or not the methods
of buying livestock used by the Mis-
tletoe Yards are in violation of the
packer-stOck wards act. Secretary
Mercsr finds that the custom of re-
ceiVins livestock only from designated
agents at various points is "discrimi-
natory and an infringement upon the
rights and privileges of every pro-
ducer and shipper" and is a violation
of the federal act
Secretary Mercer states in his re-
port that altho the exact effect of the
methods employed by the Fowler
company 1T the Mistletoe yards upon
the prices on the open market cannot
be determined, the fact that when the
Mistletoe yards have an oversupply
of hogs, a portion of this supply is
diverted to the Armour company's
yards, is conclusive evidence that the
daily purchases of the Armour com
pany are greatly affected by this
action
-NAA AAAsAtAE h|AdNNANC-
lie also concludes that the practice
of arbitrary fixing of prices by the
representative Of the Fowler company
is unsafe and hazardous to livestock
producers"
a summary of Secretary Mercer's
recommendations on these various
questions follows.
L. That on account of the owner
ship relation of Armour & Company
and Fowler & Company, and the pc
AIistletoe stock yards are located and
operated. the yards should be declared
not TO be a public stock yards.
2 That the secretary Of agriculture
order the owners of the Mist1etoe
yards to operate them in the future
as a private stock yards. and order
the owners TO discontinue the practice
of fixing the prices on livestock at
said yards.
g. That the owners Of the Mistletoe
yards be ordered to secure weights
upon which to determine the prices
paid for livestock at other points than
at the Mistletoe yards.
4. That the secretary of agriculture
make the following findings;
a. The Fowler company be priv
ileged to make direct purchases thru
their buyers. basing the prices paid |
for livestock upon the prices agreed |
upon in the country and upon country |
weights.
h. That the federal market super
NAapf bt npNltleu OIL COnslEDfnenIS OF
livestock without previous arrange |
ments as to prices and weights
c That the market supervisor be |
instructed to secure the services of a |
competent livestock salesmen, and the |
supervisor. the representative of the |
Fowler company. and the livestock |
sa lesfnan determine the weight and |
price to be paid for such stock
d. That the Fowler company be al !
lowed until. November 1, 1929. in |
which to change the present policy Of |
onerat ation Of the Mistlatne Nards