The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-05-12

tories and the District Of Columbia to
arbitrarily make and impose uniform
charges for carriage for the delivery,
upon making sales to dealers and con-
sumers in those markets. of the meats
shipped to them through the said
agents by the said defendants, respec-
lively. from their said several points
Of preparation Of the same, when no
such charges have been or are custom
ary in such trade and commerce, or
would be made but for said combina-
ton and conspiracy, thereby increasing
the charges for such meats TO said
dealers and consumers in such markets
and preventing the purchase of the
same by those who are unable or un-
willing to pay more than the price of
the meats themselves, with such addi-
tonal charges; which said combina-
ton is also in restraint of such trade
and commerce aforesaid.
Tenth-That notwithstanding the
common carriers by railways subject to
the provisions of the laws Of the United
States for the regulation of commerce
have established and published, and do
now and viii establish and publish. re-
spectively. the schedules Of rates. fares
and charges for the transportation of
livestock to the places Of its conversion
into such meats as aforesaid, and for
the transported of such meats as
aforesaid. and Notwithstanding such
rates, which were and are the only
lawful rates for the transportation as
aforesaid Of such articles, the said de-
PENDANTS, intending thereby to mOnOpO-
lie the commerce aforesaid and pre-
vent competition therein. have all and
e. oh engaged in and win continue ar
engagements and agreements with div
ers officers and agents Of such common
carriers. whereby said defendants were
to receive and have received and viii
continue to receive. by means Of re-
bates and other devices, unlawful rates
for such transportation much less than
the said lawful rates, and were TO ex-
clusively enjoy and share said unlaw-
full advantage to the exclusion Of COM
petitors and would-be competitors and
the general public. and have. accord
ingly, so enjoyed and shared them, and
viii, unless restrained by this honor
able court continue to do so; and by
force of the consequent inability of
competitors and Would-be competitors
to engage and continue in such COM
Inerce without ruinOus loss. have mo-
nopOlized and are monopOlizing and
viii continue to mOnOpOlize such com
merce. and have attempted and are at
tempting and win attempt 10 monopo~
lie such commerce, the livestock and
fresh meats among the states and ter
ritories and the District of Columbia
and with foreign countries. which
scheme TO monopolize is also a combi-
nation and conspiracy in restraint of
trade and commerce among the states
and territories and the. District of Co
lumbia and with foreign countries.
Engaged in Conspiracy.
EIeventh-That the said defendants
are now and for years past have been
in combination and conspiracy with
each other and with the railroad COM
panies and others to complainant un-
known, to obtain a monopoly Of the
supply and distribution Of the fresh
meats throughout the United States
and its territories and shipments there
Of to foreign countries.
To that end the defendants do and
viii artihcially restrain such COM
merce and put in force abnormal, I'M
reasonable and arbitrary regulations
for the conduct of their own and each
others business. affecting the same
from the shipment Of the livestock from
the plains to the final distribution of
the meats to the consumer, all to the
manifest injury to the people of the
United States and in defiance of law.
Wherefore, may it please your honors
to forthwith grant writ of injunction
directed TO the said defendants. their
agents, attorneys and all other persons
acting, or claiming or assuming to act,
under their authority, or that Of any
Of them, perpetually enjoining them
% Of NJ ~ +hnfr
agents, attorneys and the other persons
aforesaid. from continuing each and
any of the unlawful proceedings 9fOre-
said and from attempting to monop-
Olize in the manner aforesaid. or in
any other manner and by any other
means and devices, the commerce
aforesaid, or any part thereof, or any
part Of the trade or commerce among
the states and territories and District
of Columbia and with foreign nations,
and especially from refraining and in
structing their respective purchasing
agents to refrain from bidding against
each other except perfunctorily and
without each other to refrain from en-
gaging in any combination or conspira-
cy, understanding or arrangement for
the bringing about Of such refraining
| from competitive bidding and from
bidding up prices Of livestock at the
stock yards and open markets higher
than the state Of the trade will war
rant and from arbitrarily raising, low
ering, fixing and maintaining prices of
their and each others products. and
! from maintaining prices so fixed and
uniform prices by adhering to the same
/ in their sales. or by restricting the
quantities Of meats shipped. or by i'm
/ posing penalties on themselves and
/ each other. or by making uniform rules
I for credits to dealers. OF by making
and keeping what is commonly known
as a black list" or delinquent dealers.
/ or by refusing 70 sell meats TO such de-
{ linquents. or by any other method or
device; and from agreeing with each
/ other and acting in concert with a view
| to fixing prices or terms for the sale
| or delivery of said meat products. 50
sold, in such manner as to prevent free
} competition in and restrain or monOpO-
( lie such commerce, and that they be
enjoined from imposing a charge for
+, carriage for the delivery Of their prod
ucts upon making sales to dealers and
! consumers: and from asking and re-
I ceiving by means Of rebates or other
wise. from railroad companies. less
than the established and published
rates for the transportation Of their
I livestock and meat products.
And your orator further prays dis
covery Of the books, papers. accounts
letters, kilograms. records and doCu-
, ments whatsoever Of the defendants
relating in any manner. directly or in