FEBRUARY 15, 190ft
PAGE S
CSfo Nebraska. Indopondont
GRAIN TRUST DEFEATED
RESTRAINING ORDER MADE PER
MANENT BY SUPREME COURT.
Whole Series of Statutes, Directed
Against Combinations and Monopo
lies Held to be Connected System
of Legislation. .
The Nebraska supreme court has
sustained, the injunction, brought by
Attorney General Norris Brown against
the Nebraska Grain Dealers associa
tion, otherwise known as "the grain
trust." Judge. C.B. Letton wrote the
opinion of the court.
Scope of the Injunction
The grain companies charged with
violating the anti-trust law were re
strained by an order issued on August
2 by Judge J. B. Barnes from in any
manner attempting to fix prices or
tn any manner discriminating against
dealers in grain not members of the
association, or from soliciting rebates
or receiving directly or indirectly, re
bates frona any railroad company.
The officers" of the company were re
Btrained from acting as agents of the
association and the organization was
prevented from electing new officers.
This injunction, by the supreme court's
decision, remains in force.
Fight Against the Trust
Shortly after the temporary injunc
tion had been issued, it was reported
that the association had decided to
dissolve and to destroy its records.
Prior to the bringing of the suit a
number of prominent grain dealers
ceased to affiliate with the association.
It has lately been a current rumor
that the members of the association
were circumventing the injunction by
tacitly agreeing to fix prices accord
ing to the quotations of the Chicago
and Kansas City markets, difference
in freight rates being taken into con
sideration. Agitation against tne grain trust be
came pronounced after T. D. Worrall,
who had been a prominent member
of the Nebraska Grain Dealers' asso
ciation, had made futile efforts to re
cover damages from members of the
association on charges that his inde
pendent company bad been black
listed and discriminated against by
the association with tne connivance of
the railways.
Ruling. of tne Court
The opinion of the supreme court
contains the following statement of
the various- contentions and the su
preme court's rulings thereon:
"It will be observed that only one
of these acts has been expressly re
pealed, and as is contended by the
defendants, it becomes a question of
first importance to determine which of
these acts is applicable to the defend
ants in this case and to the contracts,
agreements and combinations which
it is charged they have entered into.
The contention of some of the defend
ants is that if the suit ,had been
brought before the passage of the act
of 1905 no liability on the part of the
dependants would arise by virtue of
the general anti-trust law of 1897,
but the measure or their liability
would be found in the grain dealers'
act of 1887 or In trie Loomis act of
1897, which do not provide for a
remedy by injunction. The ground of
this contention is that the two acts
of 1887 and 1897, known as the Gon
dring act, would not affect their opera
tion, since a general statute operates
upon all subjects emDraced therein
except the particular one which Is the
subject of a special act. They fur
ther contend that the act of 1905 re
peals by implication the general anti
trust statute of 1897, but being a gen
eral act has no effect upon the special
statutes of 1887 and 1897 relating to
grain dealers. The other defendants
take the position that the law of 1905
being a general law covering the whole
sub-act embraced in all the former
statutes, repeals them all by implica
tion and is the sole enactment now in
force.
Complete System of Laws
"On the other hand the attorney
general contends that the correct view
of the matter is that all the trust acts
should be regarded as a single meas
ure of legislation enacted for the pro
tection of trade and commerce; that
repeals by implication are not favored;
that they are statutes in pari materia
and should be construed as though
they had all been passed at the same
time and under one title.
"We think it clear that the whole
series of statutes directed against
combinations and monopolies should
be considered as parts of a connected
system and that no one act should be
singled out for construction and be
considered apart from the general
trend of legislation upon the sub
ject. It is sufficient . to say
that in so far as the remedy-by in
junction is granted by the Junkln act,
that remedy is not curtailed or taken
away as to grain dealers by the pro
visions of any prior act."
Management is Commendable
Fremont, Neb., Feb. 8. The board
of trustees of the Orpnans' home fin
ished its investigation of the man
agement of the institution Tuesday
evening. There were present to make
the inquiry the Rev. Hilgendorf of
Arlington, the Rev. Adam of South
Omaha, Christian Krueger of Hooper,
R. H. Schurman of Scribner, H.. Stork
of Arlington and William Haman of
this city. -
The board found that on the whole
the management of the home is com
mendable and that the children cared
for there have excellent physical, edu
cational and moral and religious advantages.
Lumbermen's Insurance
Omaha, Neb., Feb. 8. The Nebraska
Lumbermen's Mutual Insurance com
pany was - organized at the meeting
of the Nebraska Retail Lumbermen's
association this morning, officers were
elected and the concern put on its
feet so that fire insurance policies will
be issued within two or three weeks.
The officers of the insurance com
pany are as follows: T. Mr Green, Au
rora, president; George W. Eggleston,
Bennett, vice president; Bird Kritch
field, Lincoln, secretary; S. A. Foster,
treasurer. Directors three years,
Green, Eggleston, Foster; two years,
H. IL Binger, WilDur; A. B. Out
house, Loup City; William Fried, Fre
mont; one year, 0. O. Snyaer, H. H.
Mohr and William Krotter.
Three hundred names were secured
for policies, which makes it possible
to issue $2,000 to holders. The home
office, of the insurance department is
to be at Lincoln.
Shoots His Son-in-law
Wolbach, Neb., Feb. 8. Edgar C.
Samuels was Wednesday shot in the
hand by his father-in-law, Mr. Cox of
Butler county.
Tuesday Samuels and his wife had
trouble that resulted in Mrs. Samuels
leaving for the home of her father in
Butler county, near David City.
Wednesday Mr. Cox came back with
his daughter and together they had
an interview with Samuels in the en
! deavor to settle their troubles and
agree on some basis of separation.
In the talk Cox, wio is well along
in years, became angry and pulled a
revolver and shot Samuels in the
hand. The wound Is a bad one, but
it will not be more tnan troublesome.
Cox was arrested, but no definite
charge has been made against him.
Omaha, Neb., Feb. 8. The Commer
cial club executive and public affairs
; committee held a joint meeting Wed
nesday at which it was voted to sup
port the cattlemen of Nebraska in
securing a federal leasing law. After
arguments in favor of such a law were
made by Senators Currle of Crawford
and Reynolds of Chadron, State Audi
tor Searle and E. P. Meyers of Hyan
nis, the committees adopted resolu
tions favoring a reasonable lease law.
Addresses were mace on the matter
by C. F. McGrew, Arthur C. Smith,
G. W. Holdrege, John Steel, E. Rose
water, G. M. Hitchcock and W. A.
Paxton. The resolutions were ordered
drawn by John Steel, H. II. Baldrige
and G. M. Hitchcock.
In adopting the resolution the Com
mercial club offered to send a per
sonal representative to Washington
when the time comes. The club takes
the stand that a lease law would
greatly benefit the state by dispos
ing of at a profit much of the unoc
cupied land in the western part of
the state. .
GOVERNMENT REFORM SOCIETY
Organized for Radical Action, Buts
Opposed to Socialism
A political society has been organ
ized at La Crosse, Kans., for the pur
pose of promoting Christian govern
ment. The society has been named
"Uni( f the Common Good."
Holding that socialism is based on
materialism and is therefore opposed
to Christianity, the society advocates
radicaL reforms that will check the
drift toward socialism.
The platform of the society is not
supposed to be the final word on po
litical reforms, but enunciates certain
reforms with the proviso that they
shall be thoroughly tested. Among
the reforms advocated are municipal
and public ownership, national incor
poration, government exchanges for
stocks, bonds and grain to prevent
"corners" and "stock gamblers," co
operation in industry, country colon
ization for the helplessly poor, more
stringent control of the liquor traffic,
equality of opportunity, election of
senators by the people and the in
itiative and referendum and the im
perative mandate, ' .
The unit of the society is the na
tional organization with an individual
membership. The officers will be gen
eral manager, president, vice-president,
secretary and treasurer, and
together they shall constitute the ex
ecutive committee. The committee
issuing the plan of organization is
as follows: O. H. Truman, J. M. Mc
Arthur, J. Orville Walton, Belle Ford
Walton and E. H. H. Gates. Com
munications may be sent to O. H. Tru
man La Crosse, Kans.
Parted
"I have called," began Mr. Nervey
Poorman, "to speak to you about your
daughter. Of course, you must have
noticed that there is something be
twGn US" "
"No," interrupted Mr. Roxley, "but
I'm sure there will be pretty soon."
"Ah!"
"Yes, the Atlantic ocean. I'm going
to send her abroad until she learns
a little common sense." Philadelphia
Press.
Family Pleads With Countess
Paris, Feb. 12. Count Boni de Cas
tellane's family has made fre3h over
tures to Countess Anna Gould, ask
ing her to seek only a legal separation
instead of a full divorce, basing her
plea on the children's interests. The
count has retained Maitre Rene Lau
ollee, a noted specialist In complicated
civil cases.
DEATH OF DR. E. C. JUNGBLUTH
Dr. Edward C. Jungbluth of Leigh,
Colfax county, met his death by an
accident on the 9th Inst., by his team
becoming frightened and dashing
against a barn, causing the pole of
the. buggy to break and flying up,
striking the doctor in the breast. The
doctor was able to get out of the
buggy and speak intelligently to those
about him for a few moments after
the accident, but he recognized the
character of his Injury, and informed
his friends that he had but a few min
utes to live. He died within a half
hour after the accident occurred. The
funeral took place on Sunday the 11th,
at Leigh, and was the largest that
was ever known in the county. The
accident occurred in the yard of Mr.
Dassenbrocb, seven miles southwest
of Leigh, wheje the doctor had gone
on a professional call. There was
with him in the buggy at the time
of the accident a young lady, a pro
fessional nurse, whom ne was taking
tci the Dassetibroch house.
Dr. Jungbluth was ono of the fore
most citizens of Colfax county and
a physician and surgeon of high rep
utation. He was bom and raised on
Shell creek, the Jungbluth farm be
ing just north of the Dworak mill
property.
Dr. Jungbluth leaves a young wife
to mourn his demise, having married
some few years ago a Miss Kleopel,
daughter of Otto Kleopel, one of the
substantial and respected citizens of
the county. Dr. Jungbluth was coro
ner of Colfax county, having been
elected to that office on the demo
cratic ticket last fall.
The editor of The Independent en
joyed the acquaintance of both the
Jungbluth and Kleopel families for
many years, both of which were among
the original settlers of the county.
The doctor and his wife were his per
sonal friends for whom we entertained
the highest respects. The bereaved
wife and relatives of Dr. Jungbluth
have our profound sympathy in their
bereavement.
Nebraskans Chosen for Office
The president today sent the follow
ing nominations to the senate: Reg
ister of land office Charles F. Shedd,
Lincoln, Neb. Receiver of public
moneys William M. Gifford, Lincoln,
Neb. . '
DIXON'S LITERARY NOTES
"The Paradise of the Wild Apple."
This book was to have been published
last year, but the poor health of the
author has delayed Its completion. L.
C. Page & company will bring out the
book in the spring.
Mr. Alexander Fillpinni,- for many
years chef at Dclmonico's in New
York, is writing a cook book to con
tain 3,000 recipes, with a menu of each'
meal for every day miring the year.
The author has traveled around the
world to get materials ror this book,
which will tell how to make the choice
dishes of Turkestan, Persia, India,
Russia, Holland and Egypt.
"Part of a Man's Life" by Thomas
Wenthworth Higginson, tells of the
many men of note the author has
known, and deals wrtn a period of
rapid changes of thought and feeling,
when strong minds were torn by
doubt and discovery. Carlysle, Mat
thew Arnold, Henry Ward Beecher,
Victor Hugo, and Charles Darwin are
some of the characters whom we meet.
The fierce condemnations, and radical
declarations had better have been
omitted, but as a whole we have an
interesting work. The volumes con
tain many portraits and autographs,
and facsimiles of letters of famous
persons whom Col. Higginson has met.
(Houghon, Mifflin & Co.)
"Adventure for -God" Is the striking
title of a series of lectures on mis
sionary work by the Right R3V.
Charles H. Brent. The writer is fired
with enthusiasm for the "missionary
side of Chrfstian effort and thought,
and the pages are alive with a knight
ly spirit and masculine power. The
reader feels that he is talking with
a man who understands missionary
work from actual experience, and who
Is a born teacher ana leader in this
work. Its call to the consecrated life
of service to God must have been es
pecially effective for the students of
theology. to whom the lectures were
first addressed. (Longman, Green &
Co.)