The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-06-09
IUDGE HANFORD'S RULING.
Lr.rAISs Demurrer IN GIBBS vs..
SINGLE ASSOCIATION.
Holds That Closing OF Mills ana
Fixing Price Are Not, of Them
selves, yiolntive of Anu-Iru"
,rtmber Must he Protected.

,,a, r,isnatch 20 the Post-Tnteligencer.
eg%,TovA' June &-Judge Hanford today
,-.aaed the antitrust case Of s. A. Gibbs
watna, the washington Single Manufac-
go, Association, in which gibbs asked
w. ,os no damages TO his business. on
-. ground that the shingle association
as a trust under the antitrust act OF
| sor0ress. and further that, In forming
~ association and fixing the price or
.n,,vIes higher than his customers were
-',,i,ng TO nav no was prevented from
.r-,,,ng on his business as a dealer in
| .s,ngles and by shutting down the mills
| n, sixty days they further prevented MIN
| rom carving on his business: and Tor
a fourth count, that they sent out circu-
| lara 10 his customers In various parts or
he United States and foreign countries
stating that he was an irresponsible per-
son. had no money invested in the bust
ness and was attempting 10 demoralize
the market.
y,y1ge Hanford holds that on the fourth
cause OF action plaintiff may be allowed
N nroceed TO trial az IN an action for
| Ifbel. but on the other counts, involving
the antitrust feature. here raised for the
Arst time IN the courts of the West, the
demurrer is sustained.
| In passing on the trust features the
court says the counts seem 10 be predicat-
"a upon the motion that. because the
oaIntiff was buyer and exporter OF
| shingles, he had n vested right to the
benefit Of unrestricted competition for
/ trade among manufacturers, and a vested
right at all times. 10 have surplus of
shingles on the market. so that he may
enjoy that advantage in buying TO supply
the demands of his customers. and that by
dcprivng him of these benefits the assoc
citation has committed a legal wrong and
derived him of valuable property rights
for which he Is entitled 10 recover dam
ages from the manufacturers. There Is
no allegation that the price hNed Is I'M
reasonable, taking into consideration the
value OF the stumpage, the cost OF labor
and cost of mills, and a reasonable profit
20 the manufacturer, but plaintiff boldly
advances the selfish theory that unless
conditions are maintained so that mid
deman or speculator may operate with
profit to himself he has n right to COM
penaation In damages from the mill own
ers who refuse to operate for his benefit,
or TO sell at prices satisfactory to him,
regardless OF the losses they may sus-
tain by thus doing
II is a well known and lamentable
fact. says the codrt, that for half a
century loggers have been permitted 10
Gull tho magnificent forests OF Washing
ton, wasting the greatest OF her natural
endowmeuts by cutting AR and cedar trees
recklessly sending only the best logs
TO the mills to be manufactured into lum-
Der for shipment to market In distant
10 decay upon the ground or give add
tioral energy to the destructive force Of
forest fires in the summer months. They
have paid but little stumpage and fire.
quently their hired laborers have been
defrauded of their wages. Unrestrainet
competition has been the means by which
this state has been stripped OF her wealth
Cedar trees standing and growing in oui
forests are blessing TO the state. and
they ought to be preserved at leas
until their value is appreciated. so that
the crop which has Required many cen
lures OF time for Its perfection will b,
worth TO the owner OF the land some
thing more than the pri>0 which tn,