PACKERS AND STOCKYARDS ADMINISTRATION. 681 



unfair, unjustly discriminatory, and deceptive practices, and, fur- 

 ther, because the buying operations of the two respondent concerns 

 were alleged to affect adversely the interests of producers and ship- 

 pers who patronize the Kansas City public stockyards by depressing 

 the prices in that market. A formal hearing was held at Kansas 

 City, Mo., before an examiner of the Packers and Stockyards Admin- 

 istration, beginning March 27, 1922, and lasting 12 days. The vari- 

 ous associations named as interveners participated in the hearing 

 for the purpose of assisting in having the facts developed completely. 

 Following the hearing, proposed findings of fact and briefs were 

 submitted by the parties, and tentative findings of fact were pre- 

 pared and submitted to the parties by the examiner. The proceed- 

 ing was pending consideration of these findings of fact on June 30, 

 1922. Early in the current fiscal year conclusions were issued by 

 the Secretary that the respondents had violated Title II, section 202, 

 of the act, but that the yards in question were not a public stockyard 

 market under Title III, and the following order, effective August 

 30, 1922, was made : 



1. It is ordered that the motion of the respondents to dismiss the comphiint 

 as amended be sustained as to the charges of the complaint as amended under 

 Title III of the Packers and Stocl^yai-ds Act, 1921, and that said motion be 

 overruled as to the charges of the complaint under Title II of said Act. 



2. It is ordered that the respondents, and either of them, their officers, di- 

 rectors, agents, employees, and servants, in their business in commerce as 

 defined in the Packers and Stockyards Act, 1921, cease and desist from con- 

 tinuing the violation of Title II, section 202 of said Act, by protecting or caus- 

 ing to be protected the shippers of the Fowler Packing Company at their re- 

 spective shipping points, that is to say, by preventing or forbidding, by agree- 

 ment, arrangement or otherwise, any shipper from engaging in competition with 

 any other shipper in buying hogs in their respective territories or localities. 



3. It is ordered that the respondents, and either of them, their officers, di- 

 rectors, agents, employees, and servants, in their business of buying hogs in 

 commerce as defined in the Packers and Stockyards Act, 1921, at the Mistletoe 

 Stock Yards, cease and desist from continuing the violation of Title II, section 

 202 of said Act by representing or announcing to the shippers of the Fowler 

 Packing Company that it will not feed corn in the Mistletoe Stock Yards while 

 furnishing a corn fill to its shipper Jesse G. Hawkins of Franklin, Nebraska, 

 or any other shipper, or by withholding or agreeing to withhold from, or 

 denying a corn fill in said yards to the hogs of any of its shippers while fur- 

 nishing such fill in said yards to the hogs of other shippers, under like condi- 

 tions and circumstances. 



4. It is ordered that the respondents shall within thirty days after the day 

 of service upon them of this order file with the Secretary of Agriculture a 

 report in writing, setting forth in detail the manner and form in which this 

 order has been complied with. 



The respondents filed an acceptable plan. 



Docket No. 5. The Secretary of Agriculture v. The Peoria Union Stock Yards 



Company, Peoria, 111. 

 Docket No. 6. The Secretary of Agriculture v. Union Stock Yards Co. of Omaha 



(Ltd.), South Omaha, Nebr. 

 Docket No. 7. The Secretary of Agriculture v. Union Stock Yard & Transit 



Co., Chicago, 111. 



Following the assumption of jurisdiction by the Secretary of 

 Agriculture at the stockyards at Peoria, 111., South Omaha, Nebr., 

 and Chicago, 111., it appeared that a new charge not previously im- 

 posed was being exacted by the stockyard companies from traders 

 on account of the reweighing of livestock necessitated by their 

 transactions. The major portion of the revenues of the stockyard 

 companies is derived from the yardage charges assessed against live- 



