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Arthur Ik Milk Marketing company, HAL jit has riiet SfPWFfl&r its said or 8twltfp|||i;s case ar a"ttHfMHNluullj, to JPfSS.**^'^ it, by protestation, not all or in the to be trw^ in such manner alW form as the CkMnty (f same a*e' therein, and thereby set * relief'trom tone A VICTORY FORj™ MOTCMUStS y * \ . •,Xvr-, »^v I a i # • «_ •' * » , » ' j . - ' Tk* Mi thtt tm «t*y a must •ife JZcUt. *>'• iS'H^ «JS ^ "M ;«Wv3 "SEW? EFFECTIVE JUWfc « ^ _ 10 per cent swfcMtftNi in tad n<fc» dhutn June 11. The MfeKdcosttol itouiwm - to there"in• b» wfai, ^,^5,- or empowered to i£j£Ki|tasiness; Br into ooB0§!act f< ».of th»> several then is no allegation in the all of thp 6,000 tPfiBphern will to and as „ as SL within or ally ef tions all contract ence as claim to (a) power "bt» ufactuto ai (b) Comj power to create tant is >rm all ed func- UMTwid in the by rtrfer- •"Awnplainanfa charter hand)M|iifcnk and cMl." is without cftarter the four alleged and reional right Utoyed fo* in 'labor b$» tie years is in nties of the ot the ith the Gocdf n, comfort Cm tmrnm Im» innmul tMfc appmval of the fkmorn Gum-E%pe*Cords bytetfnum their >11 hill! 194 p«-oett i* the «pftsix OKMtthS. ' ' . *' •*. We have nptacfld many upeasive hcaachMiirifii tires to wf i*n at th*MNNM cochin our history 4 i, . VWhtaM ~h. '-agMht jllbti of Seenocnicai tire Cords--and !*«•* yoo todiriyi took the fin£_foar plaoss MS ^Vi' 'v' *""i* ; JOHN • E. KNOX SY -#r a *r:y »>'«*?, T ' Wheit* crops We goe# business brfjtfbflld evwyone empioiyed, statements are made thatf tNere is & shortage of iMNlid cars and locomotives. & most natural JUMTiim1 WkMNkction tir;4MNNiiaio mJuUIHW;Killiy System to mMt the present situatloBf* f wifl answer by concisely setting forth fscttl below*-to show ju»t> wfcafr haa besfr dear to prorWe oarr and toepro*h»a for of its patrons^ ^ '*• '-C r^> EQUIPMENT PUSCHASBO dariflf dfe eeHHh f**m 1' ' 1916-1022 inelusive, consisted of 398 ldWinotives, 190pass*' ^ v eager cars, 14,352 freight cars, st an»agf legate cost of..# 4K|4SMM*' ' "*• ' * EQUIPlfKNT IN SERVICE on December 31, 1922, oonsisteA> ol 2,434 locomotiree, 2,438 passenger cars, 78,74f1brei4fct cars. KEirEOWSlEm- puNfhsser far MWerj tn 1 coalirt^r^go locosttttives, 2S0 pwsmigf mm, >M V frslgbt ears, at an Sfgt^Bato Ofitft ctt COST OF REPAIRING EQUIPMENT during the past #*3*8* seven years aggregated... litis expenditure of almost $10^000,000 •>000 per year for upkeep tha^oUic requirements. X" the year ffer new ©quiprmsrt and continuous effort to funds, or any or either of them, namely, the "Fluid Milk Fund," the "Condensed Milk Fund," the "Cheese Fund" and tha^ltottw Pussi." (c) Complifcm# i#^rithoVli chartler to- emitt #°gMeral 0 dfttnrtbutjhre fond. (d) Complfcinsnt is without daatter power to create an "Insurance or reserve fund." (e) Complainant is without charter power to create a "Working Capital FuntL" (fi* (SftnpJnifltaWiS with oat^dfatttW powwT to maiitiflfeture the pttlKtets set forth in the bill or to* pludjfrf said ptVnluctfe so Aatoufactured by it. (g) Complainant is without eharlier power to pledge accmitits receiVaMe. (h) Complainant is without charter power to lease plants, stations and other 4l|pipmlM and facilities fti? the manuf Aturin^ «hd marketing of milk and otifebr dai^y products. (<a CcWpiairtsnt; \Hthouti chkrtoC power to serve the class of persons described in the bill in the several capacities therein set forth. (j) Complainant is without charter power to organise or to become a member of a Voluntary association or partnership composed of individuals, firms and corporations for profit. These unauthorized acts and functions, and each and every thereof, constitute the subject matter of the contract that is the basis of the bill. Wherefore the complainant is not en^ tited to invoke the aid of' equity to enable it to continue to act in excess of and beyond the scope of the powers granted by its charter. 2. That thfe complainant, Milk producers' Marketing company, is not by its charter empowered to exist as a corporation for a definite term of years, nor is it empowered to exist perpetually. Wherefore, the said Milk Producers' Marketing company has no existence as a corporation and is wifliout capacity to engage in any btMness or to act as a corporation or to* institute dtits aa a party complaitlanfc. 3. That the compltinant, Mflk Producers' Marketing company, is seeking specific ftenfotttance of a con tract for physical labor. And in so endeavoring by decree of # court of equity to compel and specifically enforce the defendant to perform physical labor for a term of yeara, the bill is cferfWtive in that: (a) The physical labor sought to be coerced ftotn defendant by means of a decree is allaged in the bill to be <Hle to and for the benefit of a clasn of persons over 6,000 in number, not one of which class is a party to litis suit. (b)'The defendant is sought to be compelled and to be forced to physicaly labor for a tentHof years, and the complainant, Milk Ptoducers' Marketing company, is witlibut authority to exist and function as a corporation during the period of the specifically enforced physical Ufeor of the defendant. 4. That the act of Aprli 18, 1872, as amended by the act of June 4,1889, relating to corporations not for pecuniary profit, aider which the cranplatnant, Milk PUkiucers' Marketing company, allegee* was organised, does not empower or authorise cor- IjMialkras orpmised thereunder to en- I in«4fc* bttifteas set forth in the bli«C eflmpltftot as the business of MlflUa( Md as the business in in the contract tfetrein set to be the bails' of equitable relief. 5. That the defendant is restrained Puuhlloi for the year 1923 are larger than umni. In 1922 thdte was moved 2,44^000 c«Hoads of freight, of which 1,704,000 were loaded on its liltos, an average of A carloads for each car--a real achievement. It required 448,871,816 car miles to deltftor tltis at destination and required 223^)00,650 miles of empty haul to move cars frodtpointa of Baleadin^ to points e#^ toaAv. p At beet there will be times when the demand far freight cars will exceed the Immediate supply, and at such times we must ask the forbearance of our patrons, who are Mwual that every possible effort will be made to meet their requirements. A reasonable •his tegs of equipment at the peak of traffic is not easily overcome, and it »o occasion for alarm; and within bounds, indicates a healthy condition of business. *;. Everytme using freight cars who loads and unloads them promptly increases the available supply of cars and best secures his own interests and those of others. Ex» perience shews that over ono-balf of the time taken for handling freight is used for loading and unloading, and if this be done promptly there is , more than sufficient •qpipment to handle the traffic of the country. To tha-eat--t of our financial ability and witfedMllr in tfca fatnr fll new- igrs ^MMNttljilbotive^glMl^.^M^'the repairing ami m:&itihi*. i Kin sePd^liM patrillpr' eunprf this giHM> The p r o m p t l o j f a g and u n l o a d i ^ S « # c a r s , c i l g w i t h ployees wM^eaable us to imMM use incri .Me sa«46fctorUy sM ' T> people and our cuty* to of om> shipper*- in e service of our fln- HHflities in our efforlf to \ih mmw-&. the ally enforced straint from of freedom 1*0. That tKst it defendant for; Contravention bill5 of rights of* state of Illinois an amendment to the tTnited States. 11. That the act under which complainant, Milk Producers' Marketing company, alleges that it was organized does not empower or authorise it to V (a) Become a partear off an in- 'dlvidy^l <# a1 v * (b) Create subsidiary . rohkntary associations. (c) Superintend the affairs of corporations for profit. <d) Become a partner of a corporation for profit.. (e) Lease manufacturing plants. (fV into opAWMgr agreements Wittl subsidiary c*n$brations for profft 12. ThSt the scheme set' forth in the bill is against publft* policy, andtherefore unenforceable irt equity,' itt> that it? contemplates that a corportK' tion not? for profit act as pWtner and directing head of oorpoWWons for profit artd1 compels eorpolflMlons for profit to act as partners to Individuals. 18. "Wifcf the prayer of bill is for the specific enforcement of the continuance of action by partners--a matter beyond the scope of equitable jurisdiction. 14. That there is no provision in the act under which complainant, Mflk Producers' Marketing company, alleges it was organized, authorizing corporations olftuiibd thcMMMfa1 to maintain saftb itr eJftHty'ott mm of partners. 15. That theNTiS lto MH«Vation> tikt the class- of ii>wem numbers, ever MtHenkea, 4BmMMPta or directed the itXMfMlnan^ lltfeftbducers' MarketMi COrtpaflJ* * dK^of thst class, to fwvy ftnes, etsHec#-^ alties or enforce continuous at^fcn by the other members of thkt 16. That the allegations Of tmrltoll show that the Milk Producers' Marketing company is but an attempted artifice or device to avoid the law as t o p a r t i e s p l a i n t i f f i r t s a t t o I V o l u n tary associations. 17. That the allegations of the hili show that the obligations assumed by the defendant under the alleged contract inured not only to tRte Milk Producers' Marketing company, but to over 6,000 members of the association who did not join as parties complainant to this bill. 18. That the' altegtMbns^of tie bill show that a definite sum therein set forth, to-wit, $119.25, is the sole extent of complainant's damage. lUerdlfeW tfcfc bill fiiHIr to stllte a cause for eauitabe relief. 18. *l*Hfct ttie contract set fsrth itt the bill; ih providing tJltot the Produ<erft* Marketing company be' given the right to apply to courts of eqdlty for injunctions against the defendant to carry out the provision* of said contract, contravenes public j policy and violates the principles of equity. 20. That the provision of the contract set fort*' M the bill wherein $600 was fixed' aa the amount of the solicitors' fees of the Milk Producers' Marktttng company is a penalty and is an attempted invasion of the dis cretion of courts of equity over the allowance of solicitors' fees.' 21. Tfcjif the contact mt foitfc in the bill specifically provides that tha sum of 26 cents per 100 pounds is sole extent ef the damage sustained by the Milk Producers' Marketing company in the event of a breach of the previsions thereof. Wbert*- fore comtflaftumt tMs an «8e*uate reniedy at law. 22. That the contract set forth in bill calls for continued and continuous ultra vires action on the part of the Milk Producers' Marketing com- (b) will b«£%iiMllred to r by giving it tibus cmpmetkf to axkt as a corporation for a m of years. Wharefore, and for other good ijfof demurrer appearing ia> tiM •WBi of complaint, this Uran to the said bill, and to matters and things therein contained, and prays the judgment of this honorable court whether he shall be cointo r to the saUf to be dismissed with his coets in this behalf most sustained. V. g»... Solicitor for Defend**! Edward* lKfther, of dims# MLVORD H. POVm U iy J x •»». EPISCOPAL SERVICES CRYSTAL LAKE Episcopal service is being held on Sunday evenings at 7:80 o'clock at the American Legion hall, Crystal Lake, 111. 4&»tf Eyes Tested Lenses Repaired Spses rated* Oculist $8.00 Cortpleto' RANDOLPH OmfiAfr CO. Phone Cent* 4228 A6 North'4Sittrk St., :: Chicago, IU. Hoars: 9\00 to 5:00--'THH) to ftKW • Suttdsy, 10:00 bo lhOO an m fb?>t : mMKInhv - «i» ; j4k . For 100 per cent Insurance in* ali branches, call on or phlMM' . W*. G. SCHREINER Phone 9$4k • Jiuctioneeriiig McHENRY . s:: ' ILLIN08|1^ CENTftAt MARKET SPECIAL PRICES at the below prices, compare them witli awl figufvout the savil^for yowmto NEW POTATOES^ 63c -- --^S, ' i ii W~* • • "Tgrr --T - r iiyri'i -t ---- pp Ac MMford'iMbd EaMy Juito -- ^ M ' PEACHES X TAPIOCA FLOUR, '• r- * -i. from contracting and dealing wtthjpany contrary to the public policy of firtts and corporations, other this stato, and Hi Violation of the corperatkm actvand- the charter of said company. 28. That the allegations of the bill show that the Milk Prodtu**s' Marketing company is attempting to invoke the aid of a court of equity to enable it to continue in a course of legal violation by operating aa unauthorized business. 24. That the allegations of the bill show that the business of the Milk Producers' Marketing company is destructive of competition and that said company is maintaining an unlawful monopoly in the dairy business. Wherefore complainant company is not coming into equity with clean hands. 26. That th* allegations- «f the bill are argtiihentfettfe and vrfjfil®; urfWi4- tain and aMbig^ous and whblly fail to State a^dHAf for equitabl# ilflll*. , That tHfev allegations of the bill Show that this4 complainant is seeking tircftmpei <ll# defendant to p^giealiy P for a^ term of years uritiv* the ilpilintoiiiaiMfee. ef a court of e«Hiity ih and about the performance of a unilateral contract void for WfeKt of mutuality and not binding D&ftfe the complainant in that (a) A court of equity in the event that relief be granted to complainant under the bill, will be required to superintend the various activities claimed by the1 co^JtinaWT to" be within its charter power; than the complainant, Milk Pro Queers' Malfceting company, for a term of years without any allegation in the bill as to any obligation on the part of s*id complainant to continue to deal with said defendant during pa1ttd: of defendant's restraint or to remain in said business during said period of defendant's inability to-contract with or deal with others. 6. That the contract set forth in the- bill is unilateral and void for want of mutuality in that: (a) There is no obligation oi* undertaking by the complainant, Milk Producers' Marketing company, to remain and continue in business during the term of the contract. (b) There is no provision in the charter of siiitMk Prndttfers' tfttrkatimr company entpowflgiMf it to exist di a coqjfONrtion duife# the term of said coittawtHift* fof any period whatsoever. 7. That thttw iadh alktfMtat fn the bill tbM tm eol*]i&inAiM(- lHik Producer# SlailMllQPdbmpdMp^ tWll continuer in business dlHng the perkxi in whkH defendant if1 sought to be compellfei and specMMitf|t enforced toj physkSll labor; and to be restrained from contracting and dealing with any othdr than said Milk Producers' Marketing company. 8. That the bill prays for the comliflUtag of positive and negate per- Y^fiance by the defendant to over iii, •' if Legion post at evening of this WEINSCHENKER'S WflMMLBB KN SOFT DRINKS PRONE 35 McHENRY WM. PRIES, Proprietor 3 aa>s for MtKfote, VvUkg*** 25C Go&lifedalMIVlb nek iT.i5 PORK & Beans, Cimpel^pwcan lOfc LARD, kettle reiUMriMH> {Mir lb. riti ^urtimr Rub-WMflortft. ^hars for To fine corned We will give with every purchase of S lbs. if toore, a 3 lb. head of cabbage FREE. Chicken Dinner 12^9 &€k>dk DANCING All Afternoon ind £^«h MUSIC BY ARLINGTON DANCE ORCHESTRA AND AMUSEMENTS OF ML --DON'T" li0RC3i'lP-4I Electric light furnished by Diets-Willys Light Co., Llbertyvllls, lit. V* W' ...