New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-08-01
SEEKS TO CURB ICE TRUST.
RETIRED DEALER IN COURT TO PRE-
VENT THE ILLEGAL USE OF
HIS NAME.

Decision was reserved by Justice Giegerich in
the Supreme Court yesterday on the application
of John W. Scheer. ice dealer who sold his
business to the American Ice Company to enjoin
the corporation from using his name on its
wagons from soliciting business in his name and
from using his name on biliheads. advertisements
and checks.
Justice Dugro granted Scheer preliminary in
junction. and Clarence ]. Shearn asked that 1t be
continued pending the trial of the suit. Counsel
SAID the facts disclosed unconscionable.
outrageou and discriminating as he had ever heard
of The plaintiff had been a retail dealer in ice.
there being last year about three hundred inde-
pendent ice dealers in the city. This year the de-
PENDANT company had. by methods which had re-
ccived q great deal Of public attention. managed to
reduce that number to sixty, and was waging re-
lentless war those who were left
Scheer had been in business for thirteen years
and had about two hundred customers and a
wagon. He was purchasing ice from Scott Brothers
at 81 80 a ton and retailing it at % cents for a
hundred pounds which left him good profit when
the Ice Trust got control the price was raised 10
So a ton, but Scheer continued TO supply his Gus
toners at the same rate as formerly. making bare
subsistence Then the price of ice arbitrarily
raised to 81 a ton, which prevented Independent
ice dealers from remaining in business. with this
state Of facts staring him in the face, counsei
said. Scheer met Superintendent Clifford of the
defendant company and remarked TO him that the
price Of ice was high, and that il was impos-
slble make living by retailing 1t. Clifford re-
piled that would go higher, and the result OF
the conversation that Scheer sold his business
and wagon 20 the trust for $500, and entered into
a contract not to carry on business again in New
York for the next ten years. on the understanding
that he be employed as a driver for the
defendant at 81 a week Scheer. when he began
his work in the employ Of the defendant. told his
customers that the price would be 60 cents hun
dred pounds Of ice.
SAW HIS NAME USED FREELY.
scheer was soon surprised. counsel said. TO find
that his name was placed on a sign at NO $50
West Thirty-eighth-st.. with the announcement that
he was a dealer in hygeis and natural ice. He OBJ
5ected 70 this and saw Superintendent Clifford. who
referred him Superintendent Bloke. Blake in turn
sent him back 10 Clifford. but nothing done.
Then he found cards had been issued in his name
soliciting customers Bicycle riders were sent out
by the trust TO follow the independent ice dealers
and report the names of their customers TO the
company. The company had also force of men who
went around TO these mems customers and showed
them the cards with Scheer's name and made con-
tracts supply ice from 25 cents hundred pounds
down to IL cents. The trust got twenty-five wagons
with Scheer's name painted them. and actually
employed a man named Lang TO impersonate him
and say that he independent dealer, it was
alleged, and wsging the trust and
scheer's name. and descended TO the infamy of
forging his name to checks in pursuance or their
York seheer was Teyled oy ms asSoclates LOT
the way he was acting and denouneed as St man
Al last he was compelled appeal to a court of
equity remedy his grievances He obtained
preliminary injunction which he wanted continued.
William Rand, jr, on behalf OF the American
lee Company, opposed the motion, and said the
only reason he appeared in court was out OF cour-
tesy toward the Judge. as there was no ground Tor
the continuance of the injunction The only in
jury he complained of was that his name was
lights Of Scheer had been injured and he therefore
had ground for an Injunction.
BOY ACCUSED OF PERJURY.
My learned friend the other side" said Mr..
Rand has got off the column Tor the newspaper
he represents. which has made an organized at
tack on the defendant company. The reason for
this was that the weather hot and news
scarce so the paper got this poor man, whe-eeuld
not read English. 10 sign his name to an editorial
charging with infamy Of all kinds.
IF Your Honor grants this Injunction, where
this had no business 10 protect and has sworn
not 10 engage in the ice business for ten years,
and where We have done nothing wrong the IN
Junction will not hurt US in the least"
DO you present any afidavits?" asked Justice
No replied Mr.. Rand. Il appear here merely 20
prevent my opponent from coming out In his paper
I have therefore served him with an answer. !
merely come here TO object to the continuance OF
the injunction a matter Of law. If Your Honor
things otherwise. why this newspaper Is perfectly
welcome to its injunction. - -.
The defendant has the hardihood, put IN MT
Shearn. Ito here without making any am
sworn to by boy named Scott, in the office OF the
defendants. a boy who was convicted OF perjury
Il ask Your Honor" demanded Mr.. Rand TO
have note taken of this statement which Is abso-
lutey false Mr.. Scott is responsible ofnciaI OF
It did not say he was convicted OF perjury. SAID
YES. you did" retorted Mr. Rand. land you viii
have 10 account for it."
Justice Giegerich terminated the discussion by
taking the papers.