New-York tribune., 1900-05-18
PRICE THREE CENTS.
DEFYING PEOPLES WILL.
TAMMANY PURSUES OLD METHODS AT
ICE TRUST HEARING.
COMPANY's COUNSEL INSISTS on RIGHT
TO FIX ANY PRICE FOR ICE
ARGUMENTS PRESENTED.


feeling that it defy the popular WILL the
insensibility what people In New-York say
ing. and the resolution to resist any pressure
from the State authorities in behalf OF the people
Tweed's remark. What You going to do about
it?' could be read IN the remarks Of all the law
yers of the trust.
The trust represented by A T. Mason and
William H. Rand. OF the firm OF Daily. Hoyt =
Mason and by c. ID. B. Hasbrouck. former Deputy
Attorney-GeneraI all from New-York. William r.
Hearst, who has made Application 20 the Attorney
General for leave to bring action to enjotn from
alleged Illegal the American Ice Company. the
Ice Trust. represented by benjamin F. Einstein
and Hilton s. Guterman. OF the firm of Einstein &
Townsend. The suit of Mr.. Hearst also has fo-
its object the revocation OF the certificate OF the
American Ice Company. which Is a foreign cor
poration. to do business in this State
Attorney-GeneraI Davies heard the arguments of
the lawyers the application in the big room OF
his series of apartments in the Capitol Mr. Davies.
it should be stated. heard informal argument on
the application over week ago in New-fork.
and. much the annoyance OF the Ice Trusts
lawyers. set down the early date OF to-day for q
hearing of the formal argument the application
The Attorney General in the hearing to-day by his
remarks. indicated that he thought the supreme
question to be considered was whether or not the
Ice Trust had Illegally made combination to con-
troll the price of ice in New-YOrk
THE ARGUMENT AGAINST THE TRUST.
Mr.. Guterman. who made the opening argument.
which in support of Mr.. Hearst's application.
said that the Ice Trust had violated Section OF
Chapter $50 of the Laws of 1s99-the Donnelly Anti
Trust law
do you rely. upon that law chefy?' inquired tho
Attorney y-General
Yes" answered Mr.. Guiterrnan "and upon the
common laws provisions against monopoles. We
show our papers that prior 1899 there were
several ice companies in New-York and that they
in healthy state of competition. and that
then this combination controlled by the American
Ice Company made. which has created a
j,,t tbe t~a lea isa
the comfort and life of people in New-York in the
summer
You need not dwell upon that" said the Atror-
ney-GeneraI ''for that is obvious"
Mr. Guterman then described the formation OF
the American Ice Company. with its s60OOoOOo OF
common and preferred stock and declared that
stock of the Knickerbocker company was to be
exchanged share for share with those OF the Amer
lean Ice Company
'Is there any evidence" here interrupted Attor-
ney-GeneraI Davies. las TO whether the dividends
of the ice companies combined increased or
decreased?'
answered Mr.. Einstein. with ice increased 100 per
cent in price, that the dividends OF those IN the
combination have been increased
Mr.. Guiterman then read affidaviss the effect
that the dealers in small quantities OF ice were
bought up and independent dealers and dealers in
artificial ice were brought into the combination.
He added that the American Ice Company con-
troled large number Of the available docks for
unloading Zee in New-York.
They would have been able TO control those
docks said the Attorney General. without the
permission OF the officials OF New-York- Isn't It
Charged in the newspapers that some OF the Dock
Commissioners own stock of this company
"Yes. it has been charged answered Mr.. Cutter
And not denied?" inquired the Attorney-General
II think one of them. }. Sergeant Cram" an
swered Mr. Guiterman, has said that he does not
own any of the stock
MOVE To PROSECUTE DOCK BOARD
''If the Dock Commissioners be shown have
done anything wrong said Mr. Hasbrouck. why
not prosecute them?"
That would be criminal proceeding" said At
torney-General Davies "and one over which the
Acknowledgement has control However the
Acknowledgement could attack the ice combination
under the common law against conspiracy"
Mr. Ciuiterman then contrasted the price of ice In
other cities of the United States with that in New
York. In Philadelphia he said, the price OF ice was
only 50 cents a hundred pounds. He declared that
Jacob Rupert. manufacturer of artificial ice had
promised to sell ice to a certain dealer and then
had suddenly declared he could not supply IN
eve buy ice of Mr.. RUPERT" interrupted Mr.
Rand 'and that is not combination"
Mr. GuiterEan then pointed that the Arnert-
can Ice Company was selling ice at only % cents a
hundred in Rockville Centre In competition with
the Nassau Ice Company.
That is healthy competition" answered Mr.
Rand, with laugh. Mr.. Rand then opened the
argument Cor the American Ice Company with some
Attorney-General He said:
have heard with the very greatest astonish-
ment counsel for the petitioner advance the prop
acter read as much in the morning press-that
the matter had been pre1udged-but gave II not a
moments consideration.
The Attorney-C ey-Cieneral-Prejudged by whom?
Mr.. Rand-It was stated in the morning press
the action be brought As 1 say If 1 had any
The Attorney -Csenerai|The Chief Executive Of
the State does not direct what do in a judi
about the prejudging Of the matter They are en-
tirely unnecessary; do not like them
DEFYING ANTITRUST LAW
Mr. Rand then continued. saying in part:
might say something about the competency OF
1qe s o this !? spte Pe ab@n its
about nquisitorial features. which are more In
an American community. and about other
features which are repugnant TO the letter and
Of the State OF New-York: but 1 will not do so:
for the % Sour sHsa % n M p sar upon a sgGh hs gue
are selling Ice at an exorbitant price. At a proper
price; but permit me say with due respect that
We are not subject on price to the beliefs of an
OF New-York. To oe sure. if there is monopoly
that is a crime. but. so far as the price is con-
whether the American Ice Company obtained any
that also would be crime.
Here Attorney-General Davies said:
The point be considered. it seems to me- is
whether the public has been harmed. II certainly
civ oficiai 70 hold stock in on rorn"r5tdon & ans
grant IL special privileges.
Mr. Rand retorted:
I go further and say It would be crime for
Of git Of stoSk but ssg This hns no Relation 30
the charge that we have established monopoly
which is the real issue and not whether the price
OF ice is high There Is 70 evidence here that the
the price OF Ice. Our company formed 20