gorously. The Grain
Growers claimed that the Exchange had rules and regulations which had
been carried out in restraint of trade and that in combination with the
North-West Grain Dealers' Association there had been a practice of
restricting the price to be paid for grain to certain daily figures,
sent out by the parties conspiring.

Also, they expected to show that there had been a combine in existence
between the elevator companies so that there was no competition in the
buying of grain at certain points while there was an agreement that
only a certain amount of street wheat would be received at the various
elevators, the whole thing amounting to the restriction of wheat buying
within certain limits fixed by the combination of the buyers who
belonged to the combine--this to the consequent barring out of the
small buyer from the trade. The latter, the Grain Growers argued, was
prevented from buying by the rule which called for the payment of a
salary to track buyers and prohibited the hiring of men on commission;
there were points where the quantity of grain offered for sale was too
limited to justify the payment of a fifty-dollar salary to the buyer.

Another point of complaint was that the Grain Exchange membership was
restricted to three hundred, the members having agreed among themselves
that no more seats be added although all present seats were sold and
many more might be sold to eligible citizens.

Also, claimed the prosecution, there was a practical boycott of
expelled members in that the members of the Exchange were forbidden to
deal with expelled members; it was practically impossible to do
business in grain in Western Canada unless connected with the Grain
Exchange, one firm having experienced this difficulty.

The rule which barred the purchasing of grain on track during the hours
of trading on the Exchange was, they would endeavor to show, an act in
restraint of trade and the three men under indictment, the prosecution
hoped to prove, had been active in the enactment of the alleged illegal
by-laws of the Grain Exchange.

Prior to the enactment of these obnoxious laws of the Exchange the
farmers had been sought by the buyers, whereas since the rules had been
established the farmer must seek the purchaser. While the prices given
out were fixed by the Grain Exchange in what was claimed to be open
competition, the prosecution intended to show that it was a gambling
transaction pure and simple, the price