PACKERS AND STOCKYARDS ADMINISTRATION. 685 



pany asked permission to withdraw the supplement and restore its 

 previous charge of $1.10 per bushel. Based on information in pos- 

 session of the administration, the request was granted and the case 

 was dismissed. 



Docket No. 18. The Secretary of Agriculture v. Nashville Union Stock Yards 

 (Inc.), Nashville, Tenn. 



On January 23, 1923, the Secretary of Agriculture suspended 

 tariff No. 5 filed by the Nashville Union Stock Yards Co. This new 

 tariif provided for an increase of yardage on all livestock, the 

 increase on stock arriving by truck being more than that on stock 

 arriving by rail. In view of the information in possession of the 

 Packers and Stockyards Administration, it did not appear that the 

 increase was justified. The stockyard company refused to accept 

 certain suggested modifications of the tariff and requested a formal 

 hearing. The schedule was suspended for 30 days from January 

 26, the date on which the schedule would otherwise have become 

 effective. The hearing was ordered to be held on February 14, but 

 was postponed by request of the stockyard company until April 17. 

 On February 16 the Nashville Union Stock Yard Co. made a request 

 to withdraw tariff No. 5, which had been suspended pending pro- 

 ceedings, and asked permission to file a new tariff containing the 

 same rates as provided in tariff No. 4, which was in effect at the 

 time the proceeding was begun, except as to stock received other 

 than by rail, with respect to which the new tariff would provide 

 yardage charges at the following rates: Cattle, 35 cents per head; 

 calves, 20 cents per head; hogs, 14 cents per head; sheep, lambs, 

 goats, and kids, 12 cents per head. This request was granted, and 

 the proceeding was terminated bv order of the Secretary on Febru- 

 ary 21, 1923. 



Docket No. 19. The Secretary of Agriculture v. Armour & Co. of Illinois, Ar- 

 mour & Co. of Delaware, J. Ogden Armour, Morris & Co., and the North 

 American Provision Co., Respondents. 



This is a proceeding instituted under the packers and stockyards 

 act by the Secretary of Agriculture against Armour & Co. of Illinois, 

 Armour & Co. of Delaware, J. Ogden Armour, and Morris & Co., as 

 respondents, by notice and complaint issued February 17, 1923, and 

 served on respondents February 26, 1923. The object of the com- 

 plaint is to determine the validity of the acquisition of the assets, 

 business, and good will of Morris & Co., the third largest packer in 

 the United States, by Armour & Co., the second largest packer. 

 After filing the complaint, it was amended by adding the North 

 American Provision Co. as respondent. 



The answers of the respondents denied that the acquisition of the 

 assets, business, and good will of Morris & Co., by the Armour re- 

 spondents would lessen competition in the purchase of livestock or 

 the sale of the products thereof, and asserted that such acquisition 

 was an industrial and economic necessity. 



Hearings have been held at Kansas City, East St. Louis, Omaha, 

 and Chicago. At the close of the fiscal year the case was pending, 

 the hearing to be resumed September 18, the place to be announced 

 later, at which hearing the Government will proceed with the intro- 

 duction of further testimony. 



