The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-12-06
DECLARATION
in THE GOETHE
SUIT is FILED.
Attorney Garvin, for the "Cut Rate"
Druggist, Tells How He is
Damaged IL
BY SEVERAL LOCAL DRUG MEN
Who Are Alleged to Have conspired
Against the Plaintiff to
His Damage.

The long expected declaration by the
plaintiff in the case Of C. r. Goetze vs..
Christian schnepf, Charles Menkemel-
Ter, WIN Irwin. John Coleman, j. r.
Goodwin and Louis Schrader doing
business rs J. II. Goodwin & Coz. Ohio
Valley Drug Company and Logan Drug
Company, was flied yesterday afternoon
In the circuit court, by Attorney r. NJ.
Garvln. 1t is a lengthy document, tax
ing up twelve typpwritten pages, and
enters into the details of the contro-
versy. With the elimination 0. much
Of the useless legal furbelows. the de-
claratIon is as follows:
Charles r. Goethe, complains OF
Christian Schnepf, Charles Menkemel-
Ter, w. w. Irwin, John Coleman, ]. T.
Goodwin and Louis Schrader Grading
under the firm name and style of J. T.
Goodwin G. Company, Ohio Valley
Drug Company, corporation. Logan
Drug Company, a corporation, CT q plea
Of trespass on the cnse. for this. to-wlt.
on the 7th day Of December. 1898, and
from thence, for n long space OF time.
to-wlt, until and at the time Of damage
and injury 10 the said plaintiff as is
county OF Ohio, state Of West Virginia,
asiaforesaid the said defendants wrong
fully; maliciously. and injuriously con-
federated and conspired together
against the said plaintiff az Is herein
after mentioned.
The plaintiff says that defendants
Christian Schnepf, Charles Menkemel-
Ter, w. w. Irwin, John Coleman, are
engaged In business, In Wheeling, West
Virginia, as retail druggists; that the
defendants J. T. Goodwin and Louis
Schrader Grading under the firm name
and style of ]. T. Goodwin & Company,
Ohio Valley Drug Company, corpora
ton. Logan Drug Company. q corpora
ton, are carrying on business rs whole
sale druggists, In said city Of Wheeling,
county OF Ohio, state OF West Virginia.
The plaintiff says that he is now and
has been engaged in the retail drug
business In the city of Wheeling. West
Virginia. that he has built up an eX-
tcnsive business, and that by reason OF
sharp competition he WIS obliged to and
has been conducting what Is known rs
cut rate drug store. since December 7.
1898. Plaintiff says that
because he has conducted n cut rate
drug store and has charged reduced
rates as aforesaid, he has incurred the
III will and displcasure Of the defendants
and each Of them. and that the defend
ants have wrongfully. maliclously. and
Illegally conspired and confedera ted to-
Gether for the purpose OF destroying his
trade and driving rim out Of business
In the city OF Wheeling. West Virginia.;
that pursuant TO said unlawful. malic-
lous, illegal and wrongful purposes, they
have ,conspired and confedera ted them
selves together and have made II
known that they and each OF them
would refuse. and they have refused, to
buy from any wholesale druggist. man
ufacturer or jobber, who would sell to
this plaintiff; that they have devised Il
plan In order to effect such purpose,
which said plan consists In refusing TO
buy from any drummer or representa-
tive OF any wholesale druggist. manu-
facturer or jobber, who does not pre-
sent what Is known as n slip containing
printed or written agreement under
the terms OF which the said drummer,
or representative, obligntes himself not
to sell to this plaintiff. and that unless
the said drummer or representative has
said slip and agrees not to sell to this
plaintiff, the said defendants engaged
In the retail business In this city. re-
fuse and decline to buy from said drum
mer or representative: that by such con-
duct they have inundated. persuaded
and induced many wholesale druggists.
other than the defendants. to refuse and
decline to sell to this plaintiff and that
+ but for such intimidation the said drug
gists would willingly and gladly sell to
this plaintiff.
Plaintiff says that the said defend
Ontc rnnftpntnr thnir t11ayn1
duct, conspiracy and boycott and viii
continue same unless they are deferred
by this suit. and he says that punitive
damages should be inflicted on said de-
PENDANTS for the purpose OF compelling
said defendants to dcsist, and to permit
this plaintiff to buy wares and mer-
chandisc wherever he plcases, and at
such price as Is satisfactory 10 the
wholesale druggist or manufacturer.
and at such places and prices rs he
could buy. except for the wrongful acts
of tho defendants as hcrin set forth;
and this plaintiff says that by said COM
binaton, the defendants are seeking TO
prevent competition and n reduction OF
the prices charged by the defendants in
this community.
And the said defendants have entered
into confederation with each other for
the purpose OF regulating the price of
drugs, merchandise or manufactured
articles commonly used In the drug
business, and to drive this plaintiff out
OF business and destroy his business
enable the defendants to maintain the
price Of drugs at such prices rs to them
seems proper without any respect or
consideration for the Consumers who
require and need drugs. prescriptions
md other articles sold by this plaintiff
and the defendants and drug stores
generally.
This plaintiff further states that he
has frequently ordered goods from the
wholesale druggists. defendants herein
and wholesale druggists In other parts
OF the United States. and has offered
cash for said orders for goods sold by
said druggists and that the said drug
,gists defendants herein. ant other
wholesale druggists. have refused 10
sell TO this plaintiff although reasonable
prices and the prices charged to other
purchasers. have been rendered mt the
time by this plaintiff and that the re-
fus1f to sell this plaintiff was solely due
to the wrongful combination and boy.
colt Instituted by these defendants
against the plaintiff. Plaintiff further
states that the defendants have entered
Into the confederation md conspiracy
Aforesaid and have agreed with then,
that they would not sell to this plaintift
hny goods or drugs OF any kind mt my
price. although this plaintiff hns offer.
cd TO buy and offered to pay for same
in cash. Mt the time tho order was given
fnd Mt the price charged to other dc.
Al hnN 4 At...-- u.