The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-08-08
.DICKEY is FINED.
Manager Of Peoples Ice Com
pany Assessed 5000.
Convicted of Violating the Anti
Trust Ordinance.
AN APPEAL is TAKEN.
w. A. L. Thompson Signs the
Bond.
Judge Lindsay Writes Lengthy
Opinion.
ORDINANCE is GOOD.
Says There Is No Doubt of Its
Validity.
ORDINANCE is GOOD.
Says There is No Doubt of Its
Validity.
Company Undoubtedly Organ
lied to Prevent Competition.

Police Judge Lindsay today fined w.
L Dickey, manager of the ice trust
$500 for maintaining a trust, contrary
to the city ordinances.
The case was at once appealed to the
district court.
The trial of the case occupied Mon
day, Tuesday and Wednesday evenings
of last week, and nearly all the wit
nesses refused to answer the questions.
Mr.. Dickey did not turn pale when
this announcement was made, he sim
ply went out and secured an appeal
bond which the court had set at $225.
Thls document when returned by Mr..
Dickey, bore the autograph of W. A L.
Thompson, the hardware dealer and
banker. Once during the reading of his
decision by the court, Attorney Hun
concerning some of the city witnesses
whose refusal to testify was taken as
evidence.
No other interruption was made. The
defense seemed to think it a waste of
time to argue the matter when there
was a higher court.
Attorney Hungate says the case will
be thrown out of the district court and
nothing more viii be heard of the effort
to bring the great Topeka ice trust to
time He probably expects cold
weather to be of some value in cooling
the prosecution. and chilling the wrath
of the city council
The decision given by Judge Lindsay
has been under advisement since
August 1 and the case has been care
fully investigated.
He bases his finding on similar cases
handled BY higher courts. and is thor
oughly satisfied the ordinance under
which the complaint was made, is valid
in every respect.
DECISION IN FULL.
Following is the decision of Judge F.
P Lindsay IN full:
.1r,5-
that W. L Dickey did, on the 24th day
of July 1901, wilfully, wrongfully, ma
HciOEsly and unlaWfully manage, op-
crate and control a certain trust and
combination known as the Peoples Ice
company, and said trust and combina-
tlon was, on the z4th day Of July, 1901,
composed of said w. l.. Dickey and
divers and Sundry other persons, firms
and corpora tions with whom the said
W. L Dickey had voluntarily associ-
ated himself for the purpose of Great
ing and maintaining certain restrlc-
tions in the manufacture and sale of
ice to the citizens of said city of Topeka
and for the purpose of preventing COM
petition in the manufacture and sale
thereof, and for the further purpose of
fixing and maintaining a uniform sched-
ule of prices at which ice should be
sold to the people of said city Of To-
peka.
And that the said W. L. Dickey, on
the oath day Of July, 1901, under and
by virtue of an agreement, contract or
understanding entered into by and be-
tween himself and divers and Sundry
other persons, firms and corpora tiOns
did pool and unite his interest in the
manufacture and sale of ice in the city
of Topeka, with such other individuals,
firms and corporations for the purpose
of controlling the manufacture, sale,
delivery and price thereof, in violation
of the ordinances of the city of Topeka,
in such cases made and provided, and
against the peace and dignity of the
city of Topeka.
The warrant was sworn to by H S.
Nichols on the 25th day Of July, 1901,
the arrest of the defendant; the de-
fendant was arrested on said warrant
and brought before the court for trial.
Thereupon the defendant moved to
A=1ash the complaint for the Feason
enat it did not state facts sufficient to
constitute a violation of the city or
dinances, and for the further reason
that the city of Topeka had no authori-
ty to enact the ordinance under which
it was sought to hold the defendant
guilty.
The first question to be disposed of
is, does the complaint charge an offense
under the ordinance2 The ordinance
provides that it shall be unlawful for
any person, firm or corporation to as
sociate itself with any other person,
firm or corporation to create or MAIN
tain restrictions in trade or commerce
or to prevent full and unrestricted COM
petition in any legitimate business car
fleQ on III LuG city Ol 1ODtke- 10 III
crease or reduce the price of merchan-
dice, produce or commodities. or to fix
and maintain a uniform schedule of
prices, at which merchandise, produce
or commodities shall be bought and
sold, or in any way to controf such
prices To prevent competition in the
making, transportation,
sale or purchase of merchandise. pro-
duce or commodities. To enter into
any agreement, contract or obligation.
by which such person, firm, company
or corporation, or any of them, bind
themselves, their officers, agents or rep
resenta tives not to sell. manufacture,
dispose of or transport any article of
trade, use, merchandise or commerce
below a common standard, or price;
or by which they agree to keep the
price of such article or commodity at a
fxed or standard figures Or by which
they shall in any manner. seek to
establish or control the price of any ar
ticle or commodity manufactured pro-
duced. sold or used. in the city Of To-
peka, or to preclude the free and unre-
stricted competition in the manufac-
ture. production, use, purchase or sale
of any such article or commodity with
in said city; or by which they shall
agree to pool, combine, or unite any
interest they or either of them may
have in the manufacture purchase -Sa Ie /