The Topeka state journal., 1899-12-20
IT Is A TRUST.
Jury Finds That Plumbers Are In
Unlawful Combination.

The jury in the plumbers fight in the
district court returned a verdict for the
plaintiffs, Durkin & Leahy, yesterday
afternoon, thereby declaring the Master
Plumbers Mutual Benefit association
of Kansas to be a trust The jury gave
the plaintiffs $500 as damages and $500
as attorneys fees. The amount sued
for was $4,000 damages and 81, 900 attor-
neys fees. The Individual members of
the association were made the defend
ants in the action.
There were % special findings return
ed by the jury. Among them were the
following on which the verdict was
based:
Did this association constitute
trust?
Yes
Did either of the defendants ask OF
request any of the wholesale dealers or
supplies to the plaintiffs?
IF the last answer is 'yes,' then state
OF whom and by whom such request
was made, and how and when it was
made?
BY Secretary Prescott, writing w.
b Young & Co, Crane & Co.. and the
Y. 5. Wind and Engine company, Civ
ing the revised list of the association
members, July 49, 1897
Did any dealer or jobber in plumb
ers, supplies refuse to sell goods to the
plaintiffs because of anything either of
defendants did?
Yes.
IF the last question is answered in
the affirmative, state what was done.
and when, and which of the defendants
did it?
BY Secretary Prescott, writing w.
3. young & Co, Crane & Co., and the
IS, 1897.
Was there any agreement among
the defendants, as members of the
fixing prices for their work or mater
ial?
Yes.
Was there any agreement among
the jObbers and dealers in plumbers
supplies and the defendants, as mem
bers of the State Plumbers association,
IN 1897 regarding the prices to be
charged plumbers materials and sup
plies to non members, or to members of
the state association?
Did either of the defendants use any
threats or intimidation to prevent any
jObber or wholesale dealer from selling
goods to the plaintiffs?
IF the last question is answered in
the affirmative, state when it was and
which of the defendants did so?
By Secretary Prescott writing July
1S, 1897, to dealers in Kansas CitY Mo-
giving revised list of n1embe
IF the second preceding question is
answered in the affirmative, state fully
what such threats and Intimidation
were?
BY furnishing the revised list of
members, and saying if they sold to
non-members, they (the association
members) would withdraw their pat
ronage.
was there, in 1897, any pooling of
business or sharing of the profits of one
members work or profits among the
members of the State Plumbers asso-
citation?
yes.
Gould any competent master plum
Der of good moral character, who has
a regularly established place of bust
ness in Kansas, become and continue a
member of the State Plumbers asso-
citation by paying the membership fees
and the dues which were common alike
to all members?
mo.
Are the purposes and objects Of the
State Plumbers association correctly
stated in the printed preamble consti-
tuition and bylaws of the association,
attached to plaintiffs petition?
mo.
Four of the questions were submit
ted by Judge Hazen and the others by
Carver & Larimer. the attorneys for
the defendants.
E. D. McKeever and A. L. Redden.
the attorneys for the plaintiffs, express
themselves as well satisfied with the
verdict, as they could secure nothing
but actual damages in the case.
Carver & Larimer will file a motion
asking that the verdict be set aside and
verdict rendered the defendants on
the findings of fact Failing in that
the case will be appealed to the su-
preme court.
The case was begun about two wears
ago, and has been tried once before. the
jury failing to agree.