New-York tribune., 1900-05-23

forbidden and illegal, then the American Ice COM
is absolutely no evidence as have atempien IT. II
pication now before you OF discussion & as 10 the
+ NOTHING ABOUT TAMMANY FAvoRs-
The American Ice Trust confesses that IT is big
and that it has increased the price of ice but 1t
does not describe the special privileges 1t receives
at the hands OF the officials of Tammany Hail'
1t may be protected monopoly in New-fork CITY,
but 1t deems 1t prudent not to allude To this TACT.
Messrs. Ensten and Townsend, the counsel Tor
Mr.. Hearst. traverse in their brief much or the
ground that they covered when they were mere
before the Attorney General last week and SUD-
mitted to him their petition for permission TO prng
a suit TO prohibit the American Ice Company from
carrying business in this State 1t is a foreign
corporation Their brief says:
THE AGREEMENT WITH INDEPENDENTS.
The agreement made with the independent deal
ers provided among other things that the e deacers
or indirectly. concern himself in the ice business;
to obtain the busines Of any rival or to. make
satisfactory arrangements with such rival Tor s tne
Company. it : the policy Of the company, by any
means fair foul to crush or ruin the cGmPef by
the case of the Nassau Manufacturing Company
carrying on The ice business ] in Certain places
Long Island was invited to join the m com
bining in maintaining prices. The company re- re-
American az lee Company '' Wnerenpon plan was
instituted contemplating the distinction of the
adopted was to Sell ice to the Nassau's customers
far far sow yo h in fnat oeay at i s per
dred pounds and bill for Ice ISSUED fu @ by bnd od
been sold by it at 20 cents per hundred pounds;
delivered to the Attorney-General on the ora ora
argument. The respondent does not dispute that
il has done this
THE CONTROL OF DOCKS.
m been n9 by the bseb thft
aided
absolute control of the docks and river fronts
o the i city e Of % This subject has received
considerabIe attention in the public prints Idn and
pendent dealers nave received bukhead privileges
Grange the 70 me has been
fered why this company should be abetted by pub
submitted to the New-York Stock Exchange rep
afed in Greater The answer of the
respondent indicates that the number of docks has
risen from eleven TO tWenty-nine.
William Rand the counsel of the American Ice
Company, in his brief says in part:
The offence with which the company is charged
is violation of Section l. Chapter $50 of the Laws
Law There is to he sure. vague suggestion ct
the close of the petition of the public policy of the
rule OF public policy embodied in judicial decision
and it quite plain that an allegation that
certain acts are contrary to public policy IS al
ney-General of the State to proceed upon.
WHAT is THE VIOLATION?
Mr. Rand then contrasts Section of the Cor
poration Tax Law with Section of Chapter 600
of the Laws of 1899. generally known as the DON
nelly Antitrust Law. and adds:
Nov, Now, what is the act or what the acts
violation these laws? The petition is fuI of ac
cusations: full of innuendoes fun of scandal and
material ayerments from beginning end are that
n the a lee @ WITH firms , or en-
ii E21hIie.rforS o. each other to wit. the NewYork
Continental Hygeia crystal lake Union 5a'SsT1 New
York. Yonkers City Ridgewood and various other
IN IN wrting which all of the corporations named
5e spg Of which unlawful
oS rpeSf' ii that IN pursuance Of this unlawful
sentatves New-Jersey where upon the sane
day the 1lth day Of March 1899 the American Ice
company 20 was organized; that shortly afterward
an 9i the above named firms transferred all their
which thus absorbed and brought within its controi
all Of these concerns
company does not perform its contracts if it pur-
for it's ice than it ought charge there are rene
0leT erbs I0r ;, all such conditions The company may
them, but upon the question of whether or not the
y hy have OF no an beafn gans these two
he ShoWn that they are the result and the natural
Companies within the prohibition of the acts f IT
Is the combination that is the offence
BUYING OTHER BUSINESSES.
Now, it does appear through the company's own
admissions-and the company has nothing to com
ceal,that after it was organized 1t made three
purchases: 1t bought the property and assets in
ciCdlhg the routes and goodwill of the Union Ice
company; 1Ida ~ it bought the of the New-York
ffysela Company; il paid for it, It bought and paid
Ior the retail business of the Consolidated Ice
on IL The Roroug of ThGh h b it eared ef1 cd
New York These purchases and sales are the only
contracts or agreements OF any kind or descriDton
that appear in the record before you If thev are
illegal If they are forbidden by the statutes OF this
Stete or by The public policy OF this State then in
f6 GSeq mere Is a case upon WHICH you act. If
of the Federal and State constitutions which allow
TO every citizen and to every body of citizens the
Iullest freedom Of contract. then there is not thing
lett 10 this application, and this whole proceeding
so GlsInorously heralded with insolent presumption
ana foul abuse, coiapses like A pricked balloon
Ihe truth is of course, that 1t is impossible for
any one person or any one corporation however
larse. 70 control the price OF Ice. If there were
a great plenty OF Ice this year to be had as there
was last year. the American Ice Companv would
price for 1t. 7i