State v. Wilson

Citations

• 73 Kan. 334
• 80 P. 639
• 1906 Kan. LEXIS 256

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutory Construction — Statute Prohibiting Combinations Not Repealed by Subsequent Enactment. Chapter 158 of the Laws of 1891 (Gen. Stat. 1901, §§2439-2441.), prohibiting combinations to prevent competition among persons engaged in buying or selling live stock, is not superseded by the general antitrust law of 1897 (Laws 1897, ch. 265; Gen. Stat. 1901, §§ 7864-7874), but is still in force. (See post, p. 343.)</p> <p>2. Contracts — Commissions for Buying and Selling Live Stock —Legislative Restrictions. The intention of the legislature as to restrictions to be placed upon agreements .among persons engaged in buying and selling live stock for others for the control of the commissions to be charged must be determined from the act of 1891, above cited, having specific relation thereto, and not from the general antitrust act of 1897 or from that of 1889 (Laws 1889, ch. 257; Gen. Stat. 1901, §§ 2430-2438).</p> <p>3. Monopolies — Dealing in Live Stock — Statute Construed. The act of 1891 above cited forbids agreements to maintain minimum rates of commission for services in the sale of live stock for others, but contains no such prohibition as to agreements concerning charges to be made for services in purchasing live stock.</p> <p>4..- Mortgage Given to Secure Purchase-money and Commissions — Validity. Where a member of an association having for one of its purposes the maintenance of a minimum rate of charges for services in buying or selling live stock for others purchases cattle for another, and in pursuance of a bylaw of such association charges .a commission for such services at the rate of fifty cents per head, which is included in the amount of a note and mortgage given to such member of such association by the purchaser in payment for such cattle, such mortgage is not on account thereof rendered void by the provisions of any of the statutes above cited.</p> <p>5. Criminal Law — Obtaining Money'by False Pretenses — Information. I