The Fort Worth Record and Register (Fort Worth, Tex.), Vol. 10, No. 217, Ed. 1 Sunday, May 20, 1906 Page: 33 of 34
This newspaper is part of the collection entitled: The Fort Worth Record and Register and was provided to The Portal to Texas History by the UNT Libraries.
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ANTI-TRUST SUITS IN TEXAS
FOR PAST FIFTEEN YEARS
I
eneral.
toraey and
C
TO FOOL YOU, NOT TO PLEASE YOU
ing
IS BEING
IMITATED
ft
_d
necessarily
enarted.
was
- W
• d
s
r
1‘
JK FOR THE GENUINE COCA-COLA
.F
FREE at all drink Stands,
Bottle of
$
drug stores
VTOCCTICS
i
-
th*
2
KEARSARGE’S DEATH TURRET DRAWS CROWDS.
I’
# ' r,K55
a
2
13
*e
a
car
I
FOSTER’S WEATHER FORECAST
8
*
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{
net
their own wit*
A
' 1
Cutua andinavy enses in ten dnya
remove
are
t
r
B•
b
\
< §
A.
Te
rnlHis 5
3
a
$30,000.
HAventeek »■!<«.
.’I
!
;'V
umbing
olties of
state.
business An var
_
—
83
1
IIIT301 11
f
r
> - ma-aa
Wdward l«. Andernon in "RidinK." "eel2r
--------------------------------
islation and thia. aa well
e cases brought under tha
A Brief Review of Legislation and
Ltigation, neginning With a Prose-
cutiun by Attorney General Oulber-
. son—/ho Latest the Most Sensa-
tional of A.
Of all the great fighting machines in
the,North Atlantic fleet, now anchored
in the North river, the two that come
in for tha most attention from thou-
sands of vieltors are the Kcarsarge and
the Missouri; the first because of the
deplorable accident in her forward gun
ca an flour iwhes here as wowhere else,
the extraordinary multtpiieation ef the
nnimas since his return, under Hpaniah
meriber of this
2-cent stamp.
relle
i the
ridfhs
’ sa vs
his
W.
La •
Franee found their
in 1647.
defweta
r, ott.
1
"i‘s Infirmary. The east wing will be finished by November. The in-
t has in connection with it a Training School for Nurses. Session opens in
b
The above cut shows the plans for the additions to St Joseph
firmary when complete will be.the largest in the state. It has i
September. For full particulars apply to
2
AeNOTICE
IMITATIONS 'ARE MADE
I
ll •’
humate of Austin, and twenty-seyen
other firms mmgaged in the plumbing
MOTHER SUPERIOR.
St. Joseph’s Infirmary, Fort Worth. Texas.
f
(neh
i
„ —-5
3 r#
anti-trust legi
as many of th
••
— ’
I
from time immemorial, but it remained
for the Kentuekian to verfeet them."
facta relating to the P>-
"."2
sim S WSXSfi
pwper on reneipt nt a
Th* a* monthly weather
. 1110
* e,19,
2 -K
end th wrnt
npoltnttms will
,3
-
■ ded
-
them were adjudged to pay a penalty
of $200 each, the organization was dia-
solved and the members enjoined from
continuing the same.
Deo. 5, 1901, the attorney general
filed suit for pennities agalnst the
Shipvers’ Compress company, the Cen-
tral Texan Compresa company, the
Texas Continental Compress company,
and the New Compress and Warehouse
company. These cases were all later
dismiesed by the attorney *
Dec. 7. 1901, the district at
D. A. MoFall, an attorney of Austin,
filed suit against the Kirby Lumber
eompany for heavy penaities, allegi
a violation of the anti-trust law. T
mun nt the Male mny they are not i«i*n
01
01
Kast and in latin eountriee
I
-AV
bvught against veveral corporations,
none of which either pznonnted to much
or were very vizorouey promecuted. It
was not until June 5 1301. that tha
real battle under t" c antl-trnst lam
wae begun On that rate Henry Fnuik.
then connty attorvev 'or Travis coun-
ty commerced w-r on the breweries
• nd the enses brengh* oy him not onlx.
airacted the most- atteution nt all
those instituted rnder tris taw, but
they proved to be the only ones which
brought to the state and te the attor-
beys large sums of mnney.
Fa—» RFforim
The history of these ennew is a re-
markable one and I an interview with
Vr Faulk a few dys ago he dinetoned
facia relating to the preparation for
81«
in
A womanly woman never ha* oeca-
slog to complain of the neareity nt mun-
ly men.
h
1
■
1
I
r
This Coapen is pood for the contents of one
way into Canadn
charge. It at lenst has never gone be-
yond the "Laik" stage. for there ia
nothing of record to show but that all
the casshave been brought by offelals
conn lent iously desiring to enforce th.
law as they belleve d it to exist. Texas
was among the first states to secure
eruptioma of the •»•*. no waller af hew leng
of fabulous if not celesttai
ompany cases. This suit
nstituted nt Qaiveston. The de-
fendants were indicted, entered pleas
of guilty and were each fined $256 nnd
whol
put a
h he
strength, floetnse, endur a nee, fidellty ।
and affectionate diapnattion, it ww
the hors* that won the modern Ameri- I
tan or mllownena
ryovot u ekin
to violate nny law that they know nt
would never ret ovor.
The new * nerati >n might ha able to
wet along with lue me Inatinet under
whieh for mar generatinna have sur:
roblem could he work'd out. Congrenn
in being asked to appropriate a nmai
fierce and hleodv eonfiie ’a
Xe pommiMi harm ean
resort held one act unconstitutional in
whole or in part. The succeeding legis-
lature then sought to cure these de-
frets by further enactments, only to
have the courts Again hold the law to
be void. It ha* been a long and bard
struzsle and the small number of suits
instituted, which have really been ac-
tively prosecuted and defended, to the
extent that the merit of the cases and
the constitutionality of the lab could
be determined, is owing, no doubt, to
the fact that tne corporations, or al-
leged trusts, have found it easier to
sidered
origin
In the
Hut that the horne thrives in Ameri- and
the
"Por qulte a century the
horses of Kentueky have heen.
turret, which everybody who went
aboard wanted to see; the second be-
cause ot the marvelous record in gun-
nery in Guantanamo bay and which
places the Missouri's marksmen almost
wihin grasp of the world's trophy.
Ths rivalry between the crews of
these two battleships is keener than
between any other two ships in the
operating in Texas and the Wells Far-
go. the American, the Paeif.c and ine
( lilted States Express companies for
penalties running from $7,600 to $10-
000 In each case and aggregating nb ut
$500,000. The defendant companiea f led
a general demurrer to the petitions nt
the plaintiff and the demurrer was
sustained by the district judge. From
this decision the state appealed and the
state supreme court has just reversed
this decision and remanded the canes
for new trial. They are set for hear-
ing in the district court the 28th af th*
present month.
At the Um* of the filing of the esses
against the express and railway com-
panies, John W. Brady, the county at-
torney of Travis county, filed twenty:
two suits in the district court against
all the railway companies operaring in
th* state carrying sleeping cars and
th* Pullman company, charging them
with having entered into a contract in
restrsint of trade and in violation of
| the anti-trust laws. The canes were
■ tried in the district court and aP-
pealed to the supreme court, where
the finding was for the defendants.
In these cosen, st in all referred to.
where penolties were de mar ded large
• time were askr. t^.t H.r • tal In all
the cases filen anter thee, anti-truet
fa ws aggregating m any millions. The
r mount recoverc •••a been eompara-
iiely small, the ire-very tanes belac
the ony ones tu ret acy wubstantin
sun to the state, wile, on the other
tana, the expenmes of 'he nromecutloa
hi. ♦ been heavy A 'ord*/ county of-
ciai stated that tne ens, r gainst the
Waters-Pierce mH runpauy. whirh w.
corried to the so item ci vrt nt ths
Ented stated »•»■! wairh resulted l»
caoneling the the ;ermit of th« corn-
fan r to do busine«s in the state, and
its immediate reorganisation and •
continuation of buniness without as
much as ctanrirg A mrk on an oil
can. cost the state of Texas more than
Kngllsh thoroughbred and the American
trofter, th* fieetemt a ng pipet valuably
types nt the equine race,
Engiieh hornes were landed at James-
town. Va., as eariy as 1609 and there
is a belief that the first horses from
3
h
hrwishy nud beauirul.
> eenuit tmom its see.
. an commen een*e unit dte nut requtre
n rule to nesify them when one arm
got tired and that relief pnuld be ne-
। urod by ahifting the burden io the
ther arm.
What has caused the greatest:menna-
tier of all the prosecutions under the
anti-trnst laws of th* state from 1839
to the present, was the filing of twen-
ty-ene cases April 14 last by the attor-
ney general in the district court of
Travis connty. On* of these eases was
against the Fort Worth Hvestock Ex-
change et al, sixteen azainnt ae many
commimmion companies doing business
in North Fort Worth and two each
against Armour A Co. and Swirt A CO
con panics having established large
packing plants there. The allegations |
in the petitions are to th* effort that ;
aU these defendants are ta a combine
ta da she prie toe neung Mventock to |
f°R your own K0d Xutshotrlddelmark look carefully at the crown stoper
) that it is also on the label and blown into tne. bottle. Then and then
only are you safe from imitations. This is your only protection against
unworthy imitators and your only assurance that it is the genuine article.
Don't allow an unscrupulous dealer to palm off on you something "just as good."
Such substitution is imposition, because nothing is just as good as Coca»Cola. It
is the most delicious and refreshing of all the world’s healthful tonic beverages, and
as such deserves your loyal interest and patronage.
firm nt HogK & Rehortenn, brought
separate suits agat"i tie Willlam J.
emp Brewing eomarany if St, Louis;
It* Ban Antont Bt vine asaociation,
the Houstou Ice • k’rewirg company,
the Lone Slur Erewina romrpany of Saa
Antonio, the G»."est h Brewing com-
rany, the Pa Iki Bnewing company of
____ _____ _______,_________ Navaukee, the Ar trien Erewing as-
largly experimental. The courts of last ‘so "atton of kawstan an? the Texas
Brewing compay ~f Port Worth, ask-
ine for pnalic i in ench case so larga
that the total < van j stsvering. and
of th** at’orneyw for the plaintiff and
defendunta went ove1 to June 4 Thera .... .1 i
I* much apeculalion ragarainu the out- tnrpiyliation nnd thehorpopverpi;
come nt th* ennow but the membern orl nettly „thnt made.Kenteky.the,«ardrni
the comminsion fn ma gued, many nt . ' , '
wBa n, . ,1 , t,t. of that noble animal th* horne, any-
whom are amon« th.. I ond ma .xil*. ( aurels wuguestive f
Kentueky with H* unpnralleled awret-
from fatirne partieularly when
case was diamissed by Warren
compromise than to fight. Thet these
compromises have in every instanaF
proven unpopular with a criticul pub?
has boen evidenced by the daily ex-
pressions throughout the press of the
state.
The great bugbear in all the rases
Anstituted has been that of constitu-
tonality: and able lawyers for the de-
fedanta have been quick to seise upon
this nnd warn those prosecuting that
the termination of the litigation was
so problematical and the promised ex-
penses Fo large, that It might be bey-
tar to settle for a nominal sum than
to proceed to trial. In how many case*
this argument has proven effective is
Shown by the court records. In some
instances the courts passed on one point
in a ease and left undetermined the
very point most desired to be elucidated-
It v** "p denisions of this kind that
the legislatures proceeded, and with the
reauH that today this same constitu-
tional question is being urged in cases
now pending in the courts. It was un-
der the earlier enaetments that the real
fights were hnd and chiefly in suits
brought to forfeit charters or permit,
to do business in the state, and not for
th* recovery of penalties for violation
of the anti-trust laws. The later cas s,
and the great majority of ail insti-
tuted. hive ben for penalties, together
with an action to have charters or per-
mits forfeited.
Brouzht by Culbernon.
One of the flrat suits brought under
the anti-trust laws, if not the very first,
was instituted by Senator Charles A.
Culberson, while he was attorney gen-
--* eral. It was against the Queen Insur-
ance company et al., naming in all.
fifty-seven insurance companiea ns de-
fendants and asking that their permits
to do business in Texas be forfeited be-
cause of the fact that all these compa-
nies had entered into a co* ract in re-
straint of trade. The court held the
act of 1889 unconstitutional because it
exempted from its operations certain
• • agricullural and livestock interests. On
the case being apnealed, the supreme
court, March ft. 1893, affirmed the de-
cision of the court below on the com-
mon jaw count without passing on sec-
tion 13- hut held the law void because
"said act dors not constitute n law; it
commands nothing and prohibits noth-
ing." - f
This case is reported in Kt Texas, 244.
•nd virtualiy ended the 1889 act.
Among the earliest of the cases
brought under eriminal procedure for
• violation of the unti-trust laws was
that of the state xulurke and Mar-
turg et al.. jMsAdFtriwn as the Ameri-
Prire DOe and »100 at teading drug *to**« n hg
malt .Natioual Tollot Compauy, rarta, Tenn
fleet and th* men of th* Kearanre are
by no meana willing to eoneede that
they are not as close to capturing the
coveted reoe rd as the Missouri's men.
The cup is held on the Aslnth station
and its next holder cannot be deter-
mined until after the 12-inch gun per-
formance of the battlenhip Ohio la com-
pleted.
vived If the feeuity of netinu
thinking for themselves wore
atrophied by the pubnt ll ution nt • lef
nt ialotle rules for the exercime ot
Mhustin, May 19.—(Special.) — Anti:
EDt litigation in Texas has kept well
WDhce with legislation along this line.
But the final termination of the many
suits instituted under the several acts
since 188%, the comparatively small pen-
alties recovered when is considered the
Immense sums sued for. the compromise
of many of the casts and the dismiasnl
of many more, leaves the question if
all the anti-trust legislation has really
been of benefit to the people of the
state undecided in the minds of many
•nd causes thoughtful tax payers to al-
most agree with those who are radical
in denouncing all attempted legislation
• nd litigation against the so-called
trusts a species of "graft.”
If there be cause for this latter
hr* would put it under
- r swing it over his
first laws
gSmg '1
ur Lene*A«-s- V J
charta constitute th* banis of all my
weekly woather bulletins.
Crop weather of June, July and Au-
gust will he of greater impor tanee than
any that ham oceurred since 1001, ai
therefore these forer awtw will attract
more than th* usual interest of thome
who are intereated in cereulu,
Bolence Notes,
I bellve it pomsible io correctly fore
east earthgunkes, and if we had good
vecordn of these dreadrul convulslouw
covering 100 yourn past. Hi* earthqunke
'■etch on would demise the
hnamtiful wyatem aud probably |
twiet in his epin* from whie
mmmmmmmmm
bruted in eons and story in the daye
when bridle paths were the chief means
of inter -communication throwghout tbs
stat* the vionoer made hi* journey us
eaay a* ponaible by selectins and by
breeding maddie horses with smooth
gaits, th* ra k and running waih.
These movementn had been known in
attention was about tha' time drawn
t<> the breweries be a suit ostituted at
Kl Paso by a brewing company against
one of its agents ie rm ver a debt
ewing for beer ani in hir defense th
agent pleaded « cuntac wherein the
rompany had bound b'm to sell only
ita beer; that t‘is cortract was In re-
bit ulnt of trade and that under the
unt-trust law the eempaoy had uo
tending in court Abeul the same
time a brewing compnny at Fort Worth
met with n similur phn In a ault
4Rainst a saloon Ml Mr. Faulk said
Ae found cond lions existing here in
Anutin which he Lemevea gustifed him
41 bringing suit apiinwt the Lone Star
krewing compmv nt San Antonio et
al. He filed tku ore st.it nnd then be-
gin the work if Ui.uing < vidence to
natntain it.
Hive days lacera. June 40, Itoi, the
Gistriet ttornev. Wareea :W. Moore, as
bisted by J. B. Lewrzut, an attorney.
Lroaght four -uta napst the Texas
lrewing company of Fort Worth and
o ic against tha Pahre Brewing com-
1 ny nt Milwaukee, anking for heavy
pelLlties in all lit cures. Nothing far-
(her wax done until 24, 1901, whe
Mr. Faulk, joined, ne the record shows,
by ths attorney gneral at th* law
iP a 13 a
lit i
■' l JX W .............. Ri I.........
ive some of the purtieutarn of that
drouth in my next bultetin My June
weu ther chart definitely locates that
dronth, and in therefore of unusual in
teres*. It will be mailed to any sub-
rnder I he new rule, by the wav,
shtfHng the burden will not he allow-
able When a youth •♦art* tnr horns
with his hooks under hi* right arm on
an even -dated day l>« must carry ths
lond under that arm the whole die:
tance, however mu- n h may surfer
'from fatiuue To be eaught on May t
1 with hi* books under hla left arm
I would ruin his ntandina for preeinton
After tuavne
will te ele
ngk,,gtrr
mdhmlreta
no** of life and riches of recreative re-
source.
The hot** waw an inhabitant of pre-
hintori Ameri » it* the abundunt re-
mnin- four d in ili«* Middle Went eleariv
establish How or when be disappearod
Memo** Vreekles and Pimplve
Iu ven Daya,
no trust and nr* not partiea to any-
thing of the kind and th* people very
generally believe them On the other
hand, the anti-trust luw» are now guch
•t drngnet that || is hard for even Mi
honest man to escape,
price of cattle and hogs has been ad-
vanced and that by resson of th* cat
tie industry ftouriuting all other lines
of business have been improved Texas
la typically s entile state, always ha:
been and ita fondest memories and all
Ita hopes sr* tied up with thone of tho
cattlemen, and anything that tend* to
depress their Interest* will ever me t
with the hearty condemnation nt ‘ha
average Texan, no mutter what may be
hla pursuit.
Thus it was that great interest haw
been aroused in these casea and they
are being closely watched. No sooner
I* a "trust" ault filed than the pewpl*
begin speculating on the probability nt
a compromise, having been educated
up to thia by former praetiees, and
these casen had hardiv been plared
upon the court dorket before jh*r* were
rumors of a settlement. In fact Ibis
talk went to the extent of it being an-
...........■ i. .........
way to see ura
F. F. M C,
his riebt arm
ilia left arm
nhoulde r any
. Mighi ond Left,
Itochester bemoerut and Chronlele
It is announced that the pubila
sehuo! teuchera of New York have re- *
reived orders from Ui* board of eduen-
lion to require pupila to carry thele
hooku und> r their right arma on oven-
■luted day* and under thet left arms
on add date •lays.
It is explained that this will tend
to th* equul’developmeut of both mides
ut the body and to avert danger of
< urvature nF ppine Mhould any pupil
happen to make a mistake an to dates ~
and carry hl* bnoka under the right
arm on an odd dated day the conne-
quenea might lie dinastronn it must
be that nearly everybody now suffer*
from H erooked pine because the dia-
covery was not made eurlier that wueh
a rule whouid be enforcea. iitherto
seheel avthorities have mistakeniy
asaumei that nature would correet tho
unfortunate tendency wilder ronwideruz
Gon, that is tha l wheu a boy got Iliad
of earryinu hi* laad of books under
w henee Kentweky’s Perfeet Norne.
Iouisville Herald
America's iov* tnr the horse la a nat-
tonal ehuructeriatig of the utmost val-
ue We iove ilia horme tnr Ida beanty.
we now not Wag he hunt'd II
buffalo Info extinetion. or did
ths Fort Worth stockyards; that such
combine or contract Is in rewtraint nt
trade and that the defendants are Aia-
bl* to the atate of Texas in penalties
asgr egating hundrede of thouaanda of
dollara for a violation of the anti-
trust inwa.
The genera! public, ever ready to cry
"Down with the trust a,” la just now in
a state of fitment over the bringing •
these suits. Texas cities have tnr years
elumored for packing houses, insisting
that the cattie should be killed near
the sourer of supply and when thevu
two big packing cempunies came into,
the state and establinhed larg plants,
there was general rejoicing among ill
elasses. It la now argued Hint the
Nsdineln h a new dlaewery. mt* "ndee
• positive awarantee, and m»wy will be
retuude in every case where ft Taile to vemove
p-klM, piovima, liver apota, sun tan. eollae
dtacotorationn, binek hesda and sil diadguriec
Vo
in all of them, the total amounting to
$97,600, divided aa follows: The An-
heuser Husch Brewing association.
113.040; the Texas Brewing company.
$500 in each of four cases; Willlam J.
Lemp Brewing company, $15,000; the
Pabat Brewing company, $14,500 in one
case and 1500 in another; the Texas
Brewing company in one case $5,500;
the Ann Antonio Brewing association,
the Houston Ies and Brewing company,
the 1-one Star Brewing company, the
Galveston Brewing company, the Amer-
ican Brewing association, $7,500 each.
Mr. Faulk said that the district attor-
ney and J* B. Lewright had procured
no testimony in the four cases against
the Texas Brewing company and one
against the Pabst company, but to get
these esses off the docket with the
others, It was agreed that 1500 of the
total amount of ths judgments agreed
upon should be entered up as ths
amount of judgment in each of these
five cases. That accounts for the dif-
ferent sums assessed up against the
different companies and. then too, the
amount each company was able to pay
was also considered in reaching the
agreement. It will be noticed that
the non-resident brewing companies
paid more than did th« companies lo-
cated within the state.
Attormey Get Ome-Fourth.
Uner the law1 th* county attorney
receives 25 per cent of sll penalties re-
covered in cases of this kind. Hogg A
Robertson liter brought suit against
Mr. Faulk to recover for nervices ren-
dered in the brewery enses. The jury
on the trial of the case failed to agree
Mr. Faulk said be had apoken to Hogg
A Robertson about assnsting him in tne
trial of the cases in case the constitu-
tionality of the law became involved:
that the cases never came to trial and
that he never engaged them in the
preparation or settlement of the esse*,
the attorney general joining the name
of that firm in the filing of the cases
without authority from Mr. Faulk.
The filing of these cases against ths
brewing companies and ths recovery
of such heavy penalties* set the anti-
trust suit ball rolling. On the day of
fiing the suits against the Texas
Brewing company the district attorney
and J. B. Lewright filed a case against
the Texas A Pacirte Coal company aud
the Pasteur Vacine company to re-
cover penaities for a violation of this
law. The firs’case was dismised at
the cost of ths plaintiff, and in the
secoh a judgment of H.toe ws ■*-
cured. •
• Another case filed Oct. 21. Itoi, wap
that of the state vs. Teagarden A
. ' ..VL, ■ ; f 4 —
.
_
nasu
num for the purpone of gathering in
formation about the Han Franeinco
earthquake iietter make it $100,000 and
require a complete record to be made
of thene disturbnneen tliet huye occurred
on this continent, on the Inthmun of
Panama and on the island* of Hie Carib
bean anil Mexican a«aa. Hoch a reuord
would reyeni the cause of thene torres
trial shuken and th* money would b»
well expended.
nouneed from Fort Worth that the veo-
plc nf that city would contribute the
money with which to pay any sum aa-
sensed against the packing compantea,
and it was further intimated that in
case nt these pennities botng enforced
against the pa* king companies Hint
they would elose their plant* and re-
move from the state. No word enme
from the office of th* atiorney general
that an ofrere of compromiae would be
considered until a statement was made
by on* nf the assintant» that the at-
tempt to have him, th* unsiatunt attor-
ney general commttted fur contempt,
had spoiled all chances of a eompro-
mise and thnt the case would be prone-
cuted to th* limit.
Aasintant Attorney General Lght-
foul. In hla seal in the promecution of
lh« eanen, went t > Fort Worth >ii.I ne-
cured the minute books and other mat-
ters of reord be onginw to the Fort
Worth HAvestoei Mat hange und brouht
them all to Austaa it appear* thene
bookw and papere nad been hi th« eo*-
tody of the Heventrenth diutrict court
at Fort Worth aui Juds* Mike Smith,
of that tribunal «ted Mr. lightfoot to
appeur before lilrn and show eause why
he should not he < ommitted for con-
tempt for removing Hl* book* nnd pa-
pera from Tarrant county The anaint-
nnt attorney general took buck the
books and was purged of contempt on
expl.ning why aud how he co me to
take them.
The enses wece called In the Twenty-
sixth district com* nt Austin Tuesday
of thim week and by mutuni ngreement
Moore, district attorney, Jan 14, 1902,
these same two attorneys filed another
sill, of a similar nature against th*
Kirby Luumber company. On hearing,
this case was disissed, the eouF.
holding that ths anti-trust act* of 1859
and 1895. were unconstitutional. It
was out of these last named eases the
facts were found by the grand jury on
which that body returned indietmenta
against John It Kirby and Warren W,
Mocre, district attorney, charging
them with giving and receiving a
bribe, respeetively. Both were tried
in th* district of Travia county and
found not guilty.
Some other sults,
Suits were filed by the district at-
torney snd H. A. McFall Jan. 4, 1902,
against the National Cotton Oil com-
pany and the Southern Cotton oil eom-
puny and June 1, 1401. by the distrio
attorney and the attorney general
against th* Southern Cotton Oil com-
pany. for penaities and to cancel per-
mit. Judgment was rendered against
the defendants for $2,600 in each of the
three cases. June 2, 1902 another suit
waa tiled againsi the National Cotton
Oil compauy to cancel its permit to do
business in th* state. Judgment was
rendered against the defendant com-
pany. the case was appealed and the
judgment of the lower court affirmed.
In San Antonio, in Houston, m la ace
and severul other eities of the state
suits were instituted against street
railway companies, ice and light and
other corporations, most of which were
dismiased, it appears to have to ei tne
prevaling opinion among the attor-
neys bringiug these suits that every
corporate»n was a trust. The upper
courts have in a large majority of Liv
suits instituted disabused ther minds
of this belief, for where the state has
recovered in one case it has failed in
many more.
Hept. IL 1144. quo warranto pro-
ceedings were cominenced in the dis-
trict court of McLennan county, at
Waco, against the Brucevilla Cotton
Oil company et al, to suppress a. trust
or combinallon formed to fix the price
of cotton seed. A temporary injunction
was issued In the case, whiu yet re-
mains undisposed of in the upper
courts.
The wholesale grocers of the atata
hecame the object of attack at the
hands of the prosecuting attorneys
of the state. One ault was brought in
the district court of Killa county, at
Ennis, aganst the Caldweli Grocer
company et al., aud on trial re uited
in a judgment for the defendant. The
Hugo-Schmeltzer company et al. were
sued in the district court of Hexar
county, st Han Antonio, and a judg-
ment was obtained against the det
fend into for $2,800. From this judgment
no appeal was taken
Feb. 4, 1441. the attorney general
brought ault against the I’nited States
Fidelity A Guaranty company aud two
other bonding companies for penuitiea
for violation of th- anti-trust law*, rhe
total penaities c'cmanded amounted to
1212.l«o and a judgment for $12,000
was recovered.
Mxprema Sultm.
In the district court of Travis coun-
ty Oct. 10, 1404. Warren W. Moore, dis-
trict attorney, filed forty-nine canes
against about every railroad eompany
—=
for an alleged violation of the anti-
trust In* by maintaining what was
known as th* Master Plumbers’ asso-
ctuton. This suit wss filed by ths at-
torney general. On the hearing of the
case it was dismissed ns to a large
number of th* defendants but seven nt
where bottled Coca-Cola is sold if presented be-
fore May 27, ‘06
Coupons will be redeemed at 5 cents from dealers honoring same by
Coco-( ola Bottling Work* of Fort Worth,
also for the forfeiture of the charters,
<ui.ee list ion of perunis auf tor injune-
uors. Then the jigzht wvas on
This was the first suit filed in which
the general public realised what im-
mense sums mizht be rec vered in case
of violation nt the anti-trust laws and
these acts were then genera’ly dis-
cussed not only in Texas, but in every
state where beer was a beverage.
Beenme Deteetive.
In discussing the cases the other
day Mr. Faulk rald the state mad* no
provision for funds to be ured In pre-
paring these esses and for securing
the evidence necessary to ob.ain a ver-
dict and that once having engaged in
the prosecution of the cases he did not
want to fail; that he was a young at-
torney. hardly established at the bar
and had no money. He borrowed $1,000
from an Austin merchant and proceed-
ed to travel over the state to rind the
testimony which he believed existed,
going to show a violat on of the iaw
as he had alleged in his petition*. He
was unknown to the brewers and their
agents, so he went among them, was
compelled to deal with beer drivers,
agent*, saloon keepers, eg-salesmen,
had to meet men who tried to blapk-
mail him,and to sell him “gold bricks'
when they found what he wanted. But
he succeeded. He secured cop e, of ex-
isting contracts and uth r data solng
to establiiih his esses. Then he returned
home and proceeded to tak the dep:
■Hinn* of several of the offners and
member* of th* several brewing com-
panies who had been mid* darendants.
He said the interrogatories rued
proved the straw to break the camel s
back of the possible defenne.
In addition to the fact that he had
secured damaging evidence against the
brewers, the latter were in hard straits
by reason of the fact that there was
owing to them all over the state hun-
dreds of thousands of dollars, not a
cent of which could be recovered in
court if the agitation of these eases
was to be long continued. Then the
terms of settlement were diseussed and
an agreement finally reached whereby
judgment for the plaintiff was entered
(Copyrighted, 1906, by W T Foster >
Washington, l>. May 14 -lant bul-
letin guve forerant* nt diuturbunce to
eroms continent 17 to 21, warm wave 11
to Z* cool wave 14 tn 21 Next diwturh-
anen will rench Pac ifie roast about 24.
cross west nt Koektes euntry by elone
nf 21, fireat entrai valleys 23 to 14,
eastern ntatew 25 Warm wave will eroun
went of Wtockies nbout 20, great cortral
valleys 11, eastern state* 24 C’onl wave
will • roms went nf inekies nbout 11,
great central valleys 34. eastern states
27,
This will be thee most sever* disturb,
pnee of May and dangeroun wtormm mny
be expet ted Auring its movemne nt* east-
ward nerons the eontinent ft will elome
the hottest an dryvst period of May and
will he followed b* inereasing rainfall.
The closing day* of May will be favor-
able in the corn crop, exeept that th*
weather will be i* little ton enol
The l**t dinturhnnee nf May wi/ resch
the Pacific cowut about 24. ♦ romn went of
Rorkie» by elome nf 34. great rentral
valleys 27 to 24. enutern wtaten 14 Warm
wave will eross west of Rorkies country
about 25, great eetrni valleyw 17, east-
ern mates to. Cool wave will cross went
of Rocktes country about 28, great cen-
tral valley a 1® eastern states Jun* 1.
Thin disturbunce will be mowt sovere
on Pacifie eonst and will grow leen fierce
m it pannes eastward, but rainfall will
inerease ntrft tha previous week. Low
temperature will follow it.
I expeet a drouth to begin in June that
will be of inereaming interest to torn
growers and dealers. It will alno h*v«
noma effect on onnts and gras*. I will
THE FORT WORTH RECORD: SUNDAY MORNING, MAY M. 1404. -PART THREE.
ac
guidance, to the Western hemimphere
benrs witness The firat horms brousht
to modern Amerina ure said to be thone
landed in Manlo Peminwo by Columbus
in 1493, When f’otrea tanded at Vera
C’rez in 1814, he hud with him th* firm
horse* ever neen tor man on tha Amer!
••an mainland Bo ntruek were the
Mexiran- by the wonderful appear:
anee and henring nt the hornen and
their riders in the Hpanish merviee that
they brought offerings nf bread and
flesh to majestie beast, whirh they 4 on-
ohedlence To chuek them iatto
rear end of a deliverr wagon ana
uc,
«P. tlt
•0^ Atd.e:
mighty phyatei l diaturbanee, a refusal
nt the SOlj to yield grunn or nome nar-
urat ronvuision destroy him 7 History
falls to mr.'
load ineluee a -everai unabridtued dic:
ttonariea, but it must he remembered
that the hoya of prevto menerations
were fairly nupplied wil"inteligenee
7 - 3)
.7
♦ 7 L
of Mpanlato-American development war
herwem eneaped nt abttierw horses were
turned tone, to roam at wiN over the
rick and luxurinnt plain*, where find-
ing fond and water in abundance, they
miltiplied rapidly
No doubt whatever that the wild
horwe of America is direct demendant
nt the Hpaniah horse, and thorefore nt
the nelf-aame origin as that of th*
and saloons
the costa of th* proceeding adjudged
against them.
Shortly after th- termination of the
rase* last above referred to the cele-
brated case of til* State vs. the Waters-
Pierce Oil compane was instituted. This
wan commenced in the district court
nt Travis county and was brought by
• be attorney general Feb. 5. 1894, after
the enactment of lire law of 1845. re-
dating to trusts. Tills was the hard-
estfuught and most elosely contested
ase evePbrough under the anti-trust
laws. It was for the cancellation of
ihe permit issued by the plaintiff to
the defendant to do business in till*
•tat*. An injunction was asked for re-
■training the de’endant from doing
business in the steie. Judgment was
obtained against the defendant June
15, 1897. A motion for a new trial be-
fug overruled in the trial court an ap-
peal was taken by the deef endant to
the court of civil appeals for the Third
district at Austin where the judgment
of the district court was affirmed. The
defendant then applled to the supreme
court for a writ of error. Thia waa
denied and the defendant then made
application for a writ of error to the
mupreme court of tn* United States and
thia was granted. The case was sub-
ritted Jan. 9, 190 ■ nand the pudgment
of the lower cour' 4 was. on March 14.
1900. affirmed. The permit held by
the defendant company was cancelled
and the company I strained from doing
business in the stste.
Watefs-Pleree Readmitted.
How a new permit was then taken
out and the company has continued do-
ing business in the state, is a matter
er record. On May 31. 1404. th* Waters-
rierce Oil company filed a new charter
-with tlie secretary of state and that
official before issuing a permit there-
on asked an opinion of the attorney
general in regar to th* matter and
was advised that he had no discretion
to decline to file lh4 charter and is-
sue the permit ns required by law,
saying, among other things. In - *
opinion, ‘the facts in this case show
that there was not a mere change of
membershp. but a change in the cor-
poration itself, with only one of the
former incorporators in the new cor-
j oration. It is true that the new cor-
poration took the name that the old
roration can assume the name once
fnd any prohibition that a new cor-
poraation can assume the name once
held by n forme- corporation which
bad been dissolve I.”
In the distri t court of Melennan
county, criminal proceedings were com-
menced against the officer* and mem-
Lera of th* Waters-Pierce Oil company,
most if not all of whom were non-
residents of the alate of Texas. This
fight was a long and bitter one and.
as will be well remembered, eat quite
a figure in the pe lities of the state for
•everai years.
there were, withir the three or four
pears following thie trial of th*
Waters-Pierce case, • numher of suits
sra«ren
in twent, l»r* A Few
R—r
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The Fort Worth Record and Register (Fort Worth, Tex.), Vol. 10, No. 217, Ed. 1 Sunday, May 20, 1906, newspaper, May 20, 1906; Fort Worth, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1441746/m1/33/?q=War+of+the+Rebellion.: accessed July 9, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .