Omaha daily bee., 1902-07-01
DISSOLVE SHELTER TRUST
Proceedings on Behalf of Colorado Are In
stituted in Supreme Court,
COMBINE TO RESTRICT COMPETITION
Allegations I'm Complaint Are TO the
Erect that Combination ts I'm
furious 10 Industries of state
and in Violation OF Law.

DENVER. Colo. June so.-Proceedings
on behalf Of the state of Colorado to dis
solve the smelter trust were started in
the state supreme court this Afternoon.
In a voluminous complaint hled by Attor-
ney General Post It Is set forth that the
American Smelling and Refining company
and several other smelter concerns are in .
combine to restrict competition In the
smelling business; that the results OF the
monopoly are injurious to the industries OF
the state; that II 10 violating the laws, and
that It is paying unreasonable dividends
upon excessive and fictitious capitalize
ton.
The complaint asks that all OF the de-
PENDANTS be adjudged to have forfeited
their rights to do business in the state
and that they be ousted and forever exclu-
ded from doing business in the state, and
that a receiver be appointed to take charge
Of their property.
The court stated that In fairness to the
defendants they should receive notification
Of the suit. therefore the fling OF the pro-
~ceedings was withheld until they can Do
informed OF the contents Of the attorney
generals complaint.
The hearing on the states right to pro-
coed with the suit will probably be set down
for next Saturday.
The defendants in the case are: The
American Smelling and Refining company.
the Omaha & Grant Smelling company, the
Pueblo Smelling and Refining company, the
Bimetallic Smelling company. the Colorado
Smelling company and the Philadelphia
Smelling and Refining company.
The complaint reoites the fact Of the
formation Of the trust in New Jersey with
a capital stock Of Sos. 900, 900 and adds: -
THAT said American Smelling and Re-
fnlng company was organized by the afore-
said defendants for the specific and de-
liberate. purpose of creating q monopoly
OF the business Of smelling and refining
gold and silver and other valuable ores
and metals as aforesaid, and to substan-
TALLY engross the same. contrary to the
public policy and the laws OF the state of
Colorado"
Then follows a severe arraignment Of the
company's methods, particularly excessive
charges for the smelling and reduction Of
the gold and silver ores which are shipped
to 1t by the people Of said state" con-
niving with railroads to destroy eompe-
tition and "wrongfully keep back for its
own uses the difference between the pub
lished freight rates and the said secret
rates wrongfully secured by said American
Smelling and Refining company a. afore-
said"
The trust now refuses to receive for
smelling all OF the gold and silver ores
offered to 1t by the citizens Of Colorado. It
is stated, and the company has shut down
and dismantled several Of its smelling and
refining plants to the injury OF tho public.
Said plants were prosperous going concerns
prior to their conveyance to said Ameri-
can Smelling and Refining company and
would. but for said conduct OF said com
pany, be prosperous and going concerns to
this day.
1t is alleged that the company secures
more favorable rates than are enjoyed by
the general public Of the state and by
reason OF the extortionAte and unreAson-
able charges demanded and received from
the people for the smelling and rsduetion
Of their ores as aforesaid, the said Ameri-
can Smelling and Refining company 10 en-
sbled to pay and does pay excessive and
unreasonable dividends.