-fixing being nothing more than
the guess of the men who acted for their own gain.

The trial lasted for a month, during which time a great many witnesses
were examined--grain men and farmers--and the whole grain trade
reviewed. The array of legal talent for the defence was very imposing
and the case attracted much attention because, aside from its interest
to the grain trade and the farming population, it promised to test the
particular and somewhat obscure section of the Criminal Code under
which the indictment was laid. At one stage of the proceedings the
tension in court became so high and witnesses so unwilling that upon
reproval by the court regarding his examination, leading counsel for
the Grain Growers picked up his bag and walked out in protest, willing
to risk punishment for the breach of etiquette rather than remain.
After the Grain Growers' executive and counsel had conferred with the
Government, however, the Grain Growers' counsel was prevailed upon to
resume the case.

The finding of the court did not come as much of a surprise; for it was
apparent before the trial ended that the section of the Code was
considered ambiguous by the presiding Judge. The latter held that all
restraints suggested by the evidence were agreed to, whether
justifiably or not, as business regulations and before finding the
defendants guilty these restraints must appear to be "undue," according
to his reading of the section. It was necessary to respect the right
of a particular trade or business or of a particular class of traders
to protect their property by regulations and agreements so long as the
public interests were not thereby "unduly" impaired; to the Judge's
mind there was no question that the public had not been _unduly_
affected.

After reviewing the case the Judge held that the gravamen of the whole
charge hung upon the Commission Rule of the Exchange--that one cent
commission per bushel should be made in handling grain; so that the
price paid would be the price at the terminal (Fort William) less the
freight and one cent per bushel commission, neither more nor less.
Witnesses agreed that this was the lowest profit on which the business
could live. Fort William prices were the highest the world's markets
could justify. Owing to the presence in the statute of the word,
"unduly," therefore, the Judge could not find the defendants guilty.

The Grain Growers were much dissatisfied with the decision; for they
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