St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-10-25

admits that ''there was an agreement
made that one firm should not employ
men who had commenced the season
with another firm to prevent one lyon
hiring man away from the other. and
that lit was to avoid any such cOntln-
gency as this that we agreed not TO bid
against each other for men," He closes
by saying; This is all l have to say
about the matter" Now let us quote
again from the contract and see If any
other go ltingency' was provided for:
1t Is further agreed that under no circum-
stances or considerations shall any of the
parties to this agreement lure or attempt TO
lure any man or men employed by, or who
have been employed by, any one of the par
ties hereto without the consent of the party
have been.
That may have BEEN goes somewhat
further than hiring men away from one an
other- and perhaps was inserted SIMPLY 10
avoid cutting in rates. The following Is a
piece OF the same cloth.
1t is further agreed that in case any driver
or emrlOye shall in any way violate any part
OF this agreement, he shall thereupon be dis
charged from the employ of such party, and
shall not be hired by any one of the others
without the consent of the party dlschaTglng
the men.
InaSmuch as a man violating the rules
would be likely to do so in the Interests
of his employer. it is evident that the
intention was to authorize one dealer to
discharge the emplOye of another and
keep him unemployed ii he so elect.
THE GIEBENHEIN CASE.
1t is likewise evident that this is the
construction candidate Babb put upon
it when the discharge of Charles Gle
benhein was demanded. The facts in
that case were that Giebenhein had
been employed by Babb during the
ScaSan of 1887, but quit work during the
winter and engaged in cutting Ice for
private parties; that at the beginning
of the present season. WeStphal hired
him, whereupon Babb called at His
Office to demand his discharge, not
finding Westphal; but aScertaining that
Giebenhein was still at work. Babb
directed his secretary to have Gieben-
helm black-listed, WhereupOn the fol-
lowing letter was written:
OFFICE
CEDAR, LAKE CALHOUN 4 RIVER Ice Co,
Z. c. BABB, President. }
MINNEAPOLIS Mimi, April %, 1SSS:-H.
4. Westphal. Proprietor City Ice Market
Dear Sir: We hereby notify you that unless
Charles Giebenhein is Immediately with
drawn from South Minneapolis from solicit
ing trade, that we consider our contract
uLOhGA ana VIII llGI SltLltl DN any d-5AGGlAC44L
on the sale of ice. We consider that you
have broken your contract with US, and II ne
IS not Withdrawn at once and kept entirely
out of the ice business we will notify other
dealers and Withdraw from the agreement
and sell our ice as we please.
Mr.. Babb has returned and has called at
your Office, but failed 10 see you. Yours re-
specially, d. NJ. CHUTE, Secretary.
Mr.. Westphal responded that he did
not understand the intention of the con-
tract was to reach man who, like
Giebenhein, had quit the service of an
other ice dealer and engaged in other
work. and refused to discharge him,
saying: You can do as you please, but
when | make an agreement with man
to work for me and he does as he agrees
l stand by him, no matter what the re-
suits may be. You can back out as
soon as you please. l can sell ice
as cheap as you can. and cheaper,
too" After repeatedly endeavOring
to BLACKLIST Giebenhein and finding
his efforts a failure, Candidate Babb
dropped the matter and devoted his en-
ergieS to "avOld cutting in rates"
These are the plain facts of the case,
and Candidate Babb dare not deny then
! over his own signature.
THAT CITY ICE TRUST.
Whether or not Candidate Babb Will
answer the additional questions pro-
pounded yesterday. relative to a deal
for furnishing ice TO the city, the GLOBE
| knows not. Its columns are still open
for explicit denialS if he sees fit to
| make them, and when he denies it will
endeavOr to prove:
FiTSt-That during the ice season Of SS4,
Candidate Babb furnished the ice used in the
city hall municipal court and the various
police and fire stations at 10 cents per 100
pounds; total, Sl60,47.
SecOnd-That during the seasons of 1855
and 1856 the said Babb being an alderman.
the ice for the city was furnished by II. A.
! Westphal at p cents per 100 pounds: tCtll
for 1855, sos. 90; total for 1856. S4S5.75.
Third-That the increase was the result of
4 special combination between said Babb and
Westphal, by which each was 10 get a big
profit.
Fourth-That the ice was delivered from
the wagons Of said Babb and Westphal, and
at the close of the season the proceeds were
divided between them.
Fifth-That Westphal not being an Official.
1 violated no law, but that Babb knowingly
acted IL violation of the city charter.
SiXth-That during the season Of 1887 said
Barb who had ceased to be an alderman,
/ furnished the ice to the city, no contract be-
| ing executed. and collected therefor at the
same rates which he had fixed upon for divy
purposes. viz, p cents per 100 pounds; TO-
| lal. S59T.J0.
Seventh-That the rates paid by the city
| during said seasons of 1885, 1856 and 1887,
/ were largely in excess of the rates for other
! parties using as large quantities, as estab-
| lished by the schedules which were adopted
! TO avoid cutting in rates.
Eighth-That the rates for 1888 are an I'M
| known quantity, no bill having been as yet
/ rendered therefor.
Candidate Babb may as we'll meet the
| issue first as last. The evidence is
ready for him on demand. Dare he deny
over his own signature and demand the