know until long after that my name was used as general counsel. I did not know at the beginning of the hearing in Minnesota that my name was used as general counsel of the Equity Cooperative Exchange. Mr. Loftus is a very intimate friend of mine, and we had been engaged in business some time before that. Gov. Hubbard and I were special partners with Loftus. I invested a little money with him. It is true that they used my name as counsel, although I never was, to my knowledge, elected counsel. I never got any fees of it to this day as counsel for this association-the Equity Exchange-and I have no objection to putting these things in, so far as they concern me personally. me personally. They do not go to the merits of this resolution at all, and I suspect that they are put in for polit ical purposes, and I think they ought to be left out, as it simply encumbers the record and is an attempt to divert the real issue. The CHAIRMAN. Mr. Manahan, I do not know anything about the political purpose, but it seems to me, in connection with your statement and the documents Judge Simpson is offering that the committee would like to have the benefit of examining them, not that they reflect on anyone Mr. MANAHAN. I do not object to that. But I do not know what is in these letters. Mr. SIMPSON. The contents of the letters may be excluded as far as that is concerned. There is nothing in the letters themselves. Mr. MANAHAN. With my statements as to the letterheads. I do not deny the letterheads are there; I am perfectly willing for them to go in. [J. M. Anderson, president, Fargo, N. Dak.; Bert Cole, vice president, Breckenridge, Minn; A. A. Trovaten, solicitor, Fargo, N. Dak.; M. Johnson, president State Union, Kimball, Minn. Geo. S. Loftus, sales manager, Minneapolis and Duluth; James Manahan, general counsel, Minneapolis.] EQUITY COOPERATIVE EXCHANGE, Terminal selling agency for the AMERICAN SOCIETY OF EQUITY, AT MINNEAPOLIS, DULUTH, AND SUPERIOR. [CAPITAL STOCK, $100,000. GENERAL OFFICE: 114 CORN EXCHANGE, MINNEAPOLIS, MINN. LICENSED AND BONDED IN THE STATE OF MINNESOTA.] [Directors: Thos. Raleigh, Lake Elmo, Minn; O. H. Olson, New Rockford, N. Dak.; F. B. Wood, Deering, N. Dak.; J. D. Myers, Black Water, N. Dak.; J. C. Bergh, Hendrum, Minn.; A. W. Ditmer, Velva, N. Dak.; J. C. Leum, Mayville, N. Dak.; W. I. Lowthian, Milbank, S. Dak.; A. S. Mueller, Madison, Minn.; Geo. S. Loftus, Minneapolis, Minn.; James Manahan, Minneapolis, Minn.; Morris, Schliney, Lake Elmo, Minn.; C. R. Whitaker, Hastings, Minn. National officers: M. J. Chryst, president, Hudson, Wis.; M. W. Tubbs, secretary, Madison, Wis.] Mr. SIMPSON. I will state these same letterheads were introduced in evidence during the investigation in Minnesota, and they evidently continued to be used long after Mr. Manahan's attention was called to their character. I would like to state as a fact, also, that Mr. Loftus occupies the office of the Equity Cooperative Exchange. I offer in evidence a limited partnership agreement between Mr. Manahan and Mr. Loftus, and in connection with that make the statement that for a long period of time-from August, 1912, down to the middle of the year 1913-the Loftus-Hubbard Co., in which Mr. Manahan was special partner, financed the Equity Cooperative Exchange, and as a company was the sales agent of the Equity Cooperative Exchange. Mr. CANTRILL. What is the date of the agreement? Mr. SIMPSON. The date of the agreement is September 7, 1910. (The agreement here submitted by Mr. Simpson is as follows:) CHAMBER EXHIBIT "3"-JCS-MARCH 1, 1913. Doc. No. 572987. Filed Sept. 7, 1910, at 1.30 o'clock p. m. G. S. LOFTUS ET AL. TO PUBLIC NO. 393913, ss: This is to certify that the undersigned have formed a limited partnership pursuant to the provisions of the revised laws of the State of Minnesota. The name under which such partnership is to be conducted is the Loftus-Hubbard Company. That the general nature of the business to be transacted is the buying, selling, and handling on consignment of hay, grain, and farm produce generally; and buying, owning, building, and operating the necessary elevators and warehouses incident to that business. That the names of all the partners are as follows: George S. Loftus, who resides at Minneapolis, Minnesota, and Charles F. Hubbard, who resides at St. Paul, Minnesota, are the general partners; and Lucius F. Hubbard and James Manahan, both of whom reside at St. Paul, are the special partners, and that the said Lucius F. Hubbard has contributed $7,343 and the said James Manahan has contributed $2,423 as capital to the common stock of said company; and that the said partnership is to commence on the 31st day of December, 1909, and is to terminate on the 31st day of December, 1914. Dated this day 26th of August, one thousand nine hundred and ten. MARY MCDONNELL. RAY TRAUTMAN. STATE OF MINNESOTA, County of Hennepin, ss: G. S. LOFTUS. CHARLES F. HUBBARD. On this 26 day of August, A. D. 1910, before me a notary public, within and for said counties, personally appeared George S. Loftus, Charles F. Hubbard, Lucius F. Hubbard, and James Manahan, to me known to be the persons described in and who executed the foregoing instrument, and each acknowledged that they executed the same as their free act and deed. [SEAL.] (My commission expires Sept. 30, 1912.) STATE OF MINNESOTA, County of Hennepin, ss: RAY TRAUTMAN, Notary Public, Minnesota. George S. Loftus, being duly sworn, says that he is one of the general partners named in the above certificate, and that the sums specified in said certificate to have been contributed by the special partners to the common stock, has been actually, and in good faith, paid by each of the said partners in cash. Sworn before me this 26th day of August, 1910. [SEAL.] G. S. LOFTUs. RAY TRAUTMAN, Notary Public, Hennepin County, Minnesota. My commission expires Sept. 30, 1912. Filed for record on the 29th day of August, A. D. 1910, at 2.30 o'clock p. m. OFFICE OF REGISTER Of Deeds, Ramsey County, Minnesota: I, M. W. Fitzgerald, register of deeds of said county and State, do hereby certify that I have compared the foregoing paper writing with the original record now remaining in this office, and that the same is a correct transcript therefrom and of the whole of said original record as the same appears in Book "P" of Incorporations, page 134. In witness whereof, I have hereunto subscribed my name and affixed my official seal at the city of St. Paul, in said county, this 30th day of August, A. D. 1910. [SEAL.] M. W. FITZGERALD, Register of Deeds. OFFICE OF REGISTER OF DEEDS, County of Hennepin, State of Minnesota: I, August W. Skog, register of deeds, within and for said county of Hennepin and State of Minnesota, do hereby certify that I have carefully compared the above and foregoing copy of certificate of limited partnership with the record thereof as recorded 37214-14-20 in my office, in book 1 of limited partnership, page 322, and that the same is a true and correct transcript and copy of the same, and of the whole thereof, and I do further certify that I am the officer in whose custody said record is required by law to be kept. In witness whereof, I have hereunto set my hand and official seal this 24th day of February, A. D. 1913. [SEAL.] AUGUST W. SKOG, Register of Deeds, County of Hennepin, State of Minnesota. And if there be any question about this relationship between the Equity Cooperative Exchange and Mr. Manahan, I have here certified copies of a case pending in the district court of Hennepin County, between the Equity Cooperative Exchange, plaintiffs, and the Cooper Co., defendant, in which Mr. Manahan appears as counsel for the Equity Cooperative Exchange. His signature appears to affidavits sworn to by him and necessarily these affidavits must have been signed by him or else somebody has committed a more serious offense than signing his name without authority to a letter. Mr. MANAHAN. May I see them? Mr. Drake was substituted as the attorney in that case immediately after it was commenced. Mr. SIMPSON. I got these with the promise to return them. I will be glad if you will keep them together and return them to me. That grows out of the case in which the present sales manager of the Equity Cooperative Exchange had his predecessor indicted, a man by the name of Cooper, who for some years was sales agent for the Equity Cooperative Exchange in the city of Minneapolis, upon a charge of stealing grain. A nolle was entered in the criminal proceedings, and this civil action is pending. I would like to offer in evidence, from the advertising matter of the Equity Cooperative Exchange, a few advertisements just simply to show that the same kind of contest against the Minneapolis Chamber of Commerce that has been made here has been going on continuously up through that northwestern country for years, and the same class of statements against the chamber have been made in the effort to get business for the Equity Co. I would like to offer the parts from this publication-their own publication-that are inclosed in pencil brackets on page 1, page 2, page 11, page 13. On page 13 is a bill of lading with indorsement on it, "Sold on the Independent Exchange." The CHAIRMAN. You will mark all the parts you want inserted. Of course, all of these things can not go in. Mr. SIMPSON. Mr. Chairman, I think perhaps you did not catch my statement. I said the parts inclosed in pencil, and those parts are very small.. The CHAIRMAN. Very well. Mr. SIMPSON. I am now referring to pages on which those brackets occur, and on page 24 appears "Grain Growers of the Northwest." (The portions of the National Grain Grower of February, 1913, designated by Mr. Simpson are as follows:) THE VICTORY IS OURS. The fight that is now on between the Equity Cooperative Exchange and the Minneapolis Chamber of Commerce has yielded its first fruit, and the chamber of commerce is forced to make concession. Uniform bill of ading-Standard form of order bill of lading approved by the Interstate Commerce Commission by Order No. 787 of June 27, 1908. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RY. Co. ORDER BILL OF LADING-ORIGINAL. Received, subject to the classifications and tariffs in effect on the date of issue of this original bill of lading, at Grain Belt, N. D., Dec. 5, 1912, from Farmers Elev. Co., the property described below, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicated below, which the Minneapolis, St. Paul & Sault Ste. Marie Railway Company agrees to carry to its usual place of delivery at said destination, if on its road, otherwise to deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any of said property, that every service to be performed hereunder shall be subject to all the conditions, whether printed or written herein contained (including conditions on back hereof), and which are agreed to by the shipper and accepted for himself and his assigns. The surrender of this original order bill of lading, properly indorsed, shall be required before the delivery of the property. Inspection of property covered by this bill of lading will not be permitted unless provided by law or unless permission is indorsed on this original bill of lading or given in writing by the shipper. The rate of freight from Grain Belt via Kramer, N. D., to pounds. is in cents per 80 Consigned to order of Equity Cooperative Exchange; destination, Minneapolis, State of Minn.; notify Geo. S. Loftus, sales manager, at Minneapolis. Car initial, C. M. & St. P.; car No. 35206. Wheat..... If charges are to be prepaid, write or stamp here, "To be prepaid." Weight. 80,000 This chamber of commerce crowd now boasts of having made Minneapolis a closed market. They claim that no one can sell grain there without being members of their combine, without to their dictates and submitting to all the rules which they see fit to impose. We ask you in all earnestness, is this condition satisfactory to you? Do you consider that your interests are protected by being turned over to a combine of man over which you have absolutely no control, men who pose as your servants but in reality are your masters? The Equity Cooperative Exchange offers you relief. It is making Minneapolis a free and open market where anyone may come to dispose of their grain without submitting to combines of any kind. It is making Minneapolis, in other words, as free and open a grain market as your little local market is and should be. EQUITY COOPERATIVE EXCHANGE. Members of Independent Grain Exchange, Minneapolis. Geo. S. Loftus, sales mgr., Minneapolis Duluth Superior Milwaukee One other "National Grain Grower" introduced a new idea here, an advertisement on page 19, which I would like to offer in evidence, which reads as follows. [Reading:] DISCOVERED AT LAST-WHAT? A good foundation for your local elevator. The Equity Cooperative Exchange has established an auditing and bookkeeping department, which is in position to keep your books in first-class shape. Write for particulars to the auditing department, EQUITY COOPERATIVE EXCHANGE. Fargo, North Dakota. And I state as a fact that actually these men who ship grain to the Equity Cooperative Exchange, have in many instances pursuant to that advertisement, allowed the Equity Cooperative Exchange to keep their books and the records of their transactions with the Equity Co. and their accounts sales made by the Equity Co. I want to offer in evidence-and this matter has been frequently referred to here in reference to price-price cards sent out by the Equity Cooperative Exchange through the Northwest. I have pinned to these price cards the closing price on the Minneapolis Exchange market, the closing price on the Duluth Exchange market on the same day. Let me say there, so there will be no misunderstanding, that these closing prices on these chambers are not fixed by any body of men, but the last actual cash transactions that occur before the closing, are taken and published in the papers as the closing price. I will call the committee's attention to the fact that if you will read them through you will find in every instance that they keep from one-fourth to a half cent above the Duluth prices and the Minneapolis Chamber of Commerce prices, thus conveying the information that the closing prices on the Independent Grain Exchange, which does not exist, were from one-fourth to a half cent higher than on the actual exchanges. From a description of the different grades of grain in these cars it is absolutely impossible that any concern of the size of the Equity Cooperative Exchange and doing the business it does could make anything but a fictitious closing price as to a large number of those cars. (The price cards here submitted by Mr. Simpson, with attached data, are as follows:) |