Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1893-01-06
\ III MBER MONOPOLY
~ CsPosCo ~ JUDGE CORNISH
OT 81 PAUL
us rrsasauss. ,hs sssta~s.,s,.
""ss1meos' tssssinttsu % Daa-
usT""s s"s opps'ss,,s r.a.t t,s
ts"siituttsa

! hr skilliuily dcNts,d scheme ui the
N"rihw stern Lumhrtmcn'- A.spela.
ton ,n levy tribute from au estcusi,s
Territory hy means ~ al interest tai
upon the trade ~ lumber b. thor
oughly eIposod Ia the memoranda oi
opinion tiri yesterday ~ the District
Court by Judge Cornish. The consti
tuition and h> laws of the assucistiun
are aualy,cd by the lcarned Judge. and
th" true and Illegal effect of the con
finance ui the asso, iaiion. 90 partner
ship. - declared to be- o. create mo.
nop"ly ~ one ul the greatest indu.
tries ia the State. The association IL
pronounced ~ trust II the most eSton
si'c, oppressive aud danFefou. Kind
The Judicial condemnation ). stated
Ia Ice based upon the admissions of the
association itself, and not founded
upon the allegations oi the llohn
Manufacturing Company, the plaintiff
IN the case. The purpose Of the asso.
cIatIon Is not favored by the Law oi the
land, and " its accomplishment should
bo prevented" says Judge Cornish.
The opinion was rendered in deny.
ing n motion Ia dissolve u temporary
injunction obtained by the Bohn Man.
uiacturing Company restraining the
Northwestern Lumbermen's A-socia.
tion from boycotiing the company.
The Northwestern Lumbcrm.n's A..
sociation 10 q partnership composed oi
"a large number of retail and wholesale
lumber dealers. and IL assumed Ia
punish any lumber dealer who dared
10 sell otherwise than prescribed by
the association. Any wholesale dealer
who presumed 10 cell for any other
price or To any other person than n,
the price and 10 the person designated
by the association was hned 10 per
cent. Of the selling price OF the goods !.
and the same punishment Was n,eted
out to any retail dealer who sold Ia
persons outside oi his territory" {"
The State Of Minnesota was parcelc,i
out among the members Of the associa-
tion, each retailer owning hi. little
slice.
THE ROOT oF Tns TROUBLE.
The Bohn Manufacturing Company
presumed to sell two bills. aggregating
in value el ,26t.51, TO persons not mem.
bers Of the association. Thereupon
the company was fined" si26i5 Ia
be paid the retail dealers whose terri.
tory" had been infringsd. The Bohn
company declined to pay the line,
whereupon u WAS notified that u
would be- boycotted and the members
OF the association would cease dealing
with the company. The method en-.
ployed TO initiate tho boycott was for
the Secretary OF the association 60 no
tify the members "That the Bohn
Manufacturing Company was not In
sympathy with the object Of the asso.
citation"
The membership Of the association
includes individuals and firms in all
oi the Northwestern States and In
Minnesota alone there are eighty five
retail firms and twenty-five wholesale
firms with which the Bobn company
enjoyed . lucrative business. The
Bohn company was 10th 10 have its
business destroyed; so IL obtained an
injunction restraining Secretary Hollis
from sending the notices.
The opinion Of Judge Cornish con.
tains . full review Of the facts.
II then analyses the answer Of the
Northwestern Lumbermcn's Associa
ton. including lengthy extracts from
i.s constitution aud bylaws. Judge
Cornish then says
CONDEMNED nv irs OWN ny.L,ws
ITO summarize from these bylaws,
there 10 to he found here an sssocis.
ton that assumes
First, to determine iur itseli Who
are wholesale dealers and manuiae-
tarers, aud Who are retail dealers.
Second. to whom aud within what
limits those designated Wholesalers
may sell thar scols.
"1hiri. 10 whom aud within what
limits the retailers MAY sell their
gusis
" II is then provided that " the
Wholesaler 90 manufacturer shall
tFansRfesa these rules (he not b.lnT
necessarily even an honorary menl.er
ol The ss@oeiallonl Nv sslllnE rs a con.
sumner. no,lre shalt l,e given II such
.als and be shali he lor,kwl,h Aned
10 ,.sf crat ~ the sale price witch
shall iss collected ~ the Secretary aud
then paid over ,o saeh Iessnss, mem.
hers ~ The ssssseiaiion. a. the As.ocis
tom shall de,sTmias wsse lssostsd 81
shs place whsfr the ssls wss ns.le of
s,ssas consumed The state 10 sptos
lieaed 90 a. members ~ the sssssla
,lon aud ,he.s retailers ass prohibited
lrum .sllias outside II ,hsl' own sllo,.
mcn, oi Territory n The vlselsssiss
~ usnuissinfrF does nat eaaiugsa .o
lhsss arhass'Y 'ssslsslaas ei hls basi
nsss BE- is ru, uPsa ,hs lIs, II rsssoss
who rsiass ~ s,,m,sly 9th the rules u
,hs .s-,sistlua, aad .hs tisi is iuF
.assl.d lo al l,a msWhsFs u be lhss
ft,~ats snd wskss ssttlsassni siih
,hs nsssss u Directors - l'ss ssssssls.
llaa. be 10 ssslafssl ~ issut ~ na'ies
a ths ss,usmsa, ssa, D. 'hs sssnsl'sss
"A ,hs sss~tsllon " the Fsf~ia
,ssnssssss.as ,hsss rules ls ''i~lats,s
snd l.ssosass lls'isi ~ fsiasss ~ sl.1is
- ths asslslas a ths bart ~ isifec