New-York tribune., 1902-05-11

70 further restrain competition among them
seIVes. which would otherwise exist, as to the
purchase or live stock necessary to the produc-
lion OF the meats produced by them. and TO OBJ
tain Tor themselves and each other undue ad-
vantage over the owners and shippers thereof
IN the buying OF the same at the said several
stock yards and open markets. have engaged in
ana intend 70 continue unlawful com bina-
Hon and conspiracy among themselves for bid
dlng up, through their respective purchasing
agents, the prices Of live stock for a few davs
al a uIne at the said stock yards and open mar
heIs so that the market reports will show prices
much higher than the state of the trade will
warrant, and thereby inducing owners of such
i've stock in divers other Of the said States and
Territories 10 simultaneously make large shin
ments Of such live stock from such other States
dno territories 10 such stock yards and open
markets, instead Of shipping the same 70 more
natural and advantageous times in the due and
proper course OF such trade and business and
by this means and by reason of the resulting
large onerings there OF such live stock (and by
thereupon refraining from bidding against each
otner for the same). obtaining such 1--we stock at
prices nuch less than II would bring in the
regular way Of trade II such combination and
conspiracy were not so engaged in and contin-
ued, and have been and are now from time TO
time through their said agents so fraudulently
bidding up the prices Of such stock, and will
unless restrained by this honorable court con-
tinue TO DO So which said combination and con-
splracy last aforesaid is also one in restraint
Of trade and commerce among the several States
and Territories Of the said United States and
tries.
FIXING PRICES ARBITRARILY
Eighth-That the said defendants, in violation
OF the provision Of the act of Congress Of the
said United States. approved July >, 1890 en-
titled An act to protect trade and commerce
against unlawful restraints and mOnopolies."
and in order to restrain and destroy competi-
ton among themselves as 10 such trade and
commerce. and rnonapOlize such trade and com
merce, have engaged in and intend to continue
an unlawful combination and conspiracy TO ar
bitrarily from time TO time raise, lower and fix
prices and to maintain uniform prices at which
Lhey VIII sell, directly or through their respect
i've agents such fresh meats to dealers and con-
sunlers throughout the said States and Terri
tories ana the District or Colurnbla and foreign
countries; and that the arbitrary rising, lower
ing, fixing and maintaining Of such prices, in
pursuance Of the said combination and con-
spiracy. is being and is 20 be effected through
the action Of divers Of their agents and attor-
neys TO your petitioner unknown in secretly
holding periodical meetings at some place or
places 70 your petitioner unknown. and there
agreeing upon the prices 10 be adopted by the
said defendants respectively. in such trade and
commerce. 10 be enforced by them until at
subsequent meeting the same may be changed:
which said prices are notified by letters and
Ie4esTaIIls IN plain language and divers codes
and clphers; and they have been and are main
tanned by said defendants by adheTing 10 the
same in their sales made directly. and. among
other ways, by cOllusively restricting and cur
tallng the quantities OF such meats shipped by
tneTn IN such trade and commerce to the mar
Kets Aforesaid whenever necessary
duclve TO the maintaining OF the prices so
hXeC by imposing against each other divers
Pcl4d4JleS IOr any and ali IeElarlOuS by the said
GeAetIuaHls OF any or them, from the prices so
hxed; by establishing a uniform rule for the
glVlng or credits TO dealers throughout the said
states ana Territories and District Of Columbia
and foreign countries and for the conduct Of
The business OF such dealers. with penalties as
DetWeen the said defendants for violations
thereof; by notifying each other OF the de!in-
quencles OF the sald dealers and keeping what
is commonly known a black list Of such
oellnquents. and refusing 10 sell such meats 10
any OF such delnquents; which said combina-
ton and conspiracy above set forth is one in
restraint and monopoly OF commerce among the
several states and Territories Of the said United
states and the District OF Columbia and with
foreign countries ~
Ninth-And the said defendants in violation
OF the provisions OF the said act OF Congress
approved July ., 1890 have engaged in and in
tend 70 continue an unlawful combination and
conspiracy 10 direct and require their respective
estlIs , az and near many Of the markets for
such fresh meats throughout the said several
states ana territories and the District Of Co
4uLllDla 20 arbitrarily make and impose uniform
charges Tcr carriage for the delivery upon max
ing sales 10 dealers and consumers in those
markets. Of the meats shipped to them through
the said agents by the said defendants. re-
spectiVely. from their said several points OF
preparation OF the same. when no such charges
nave Deen or are customary in such trade and
commerce, or would be made but FOR said com
oination and conspiracy, thereby increasing the
charges for such meats TO said dealers and con
sulners IN such markets, and preventing the
purchase Of the by those who are unable
or unwilling TO pay more than the price or the
meats themselves without such additional
charge, which said combination is also in re-
stralnt Of such trade and commerce aforesaid
REBATES FROM RAILROADS
Tenth-That. Notwithstanding the common
carriers Dy railroad subject 10 the provisions Of
the laws OF the United States for the regula-
lIoh OF commerce nave tabIShed and pub
lished, and do and viii establish and pub
llsh, respectively, their schedule Of rates fares
and charges for the transportation Of live stock
10 the places or its conversion into such meats
as Aforesaid, and for the transportation OF such
meats as aforesaid, and Notwithstanding such
rates were, and are, and Will be the only lawful
rates Tor the transportation aforesaid OF such.
articles, the said defendants intending thereby
10 mOnopOlize and attempt 10 mOnopoZe the
commerce aforesaid and prevent competition
therein, have all and each engaged in and VIII
continue arrangements and agreements with
divers officers and agents Of such common
carriers, whereby said defendants were 10 re-
receive. by means Of rebates and other devices,
unlawful rates for such transportation. much
less than the said lawful rates, and were 10 ex-
cluslVely enjoy and share said unlawful ad-
vantage 10 the exclusion of com petitors and
would-be competitors and the general public
ana nave accordingly 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 continue in
such commerce without ruinOus loss have mo-
nOpOliZed and mOnOpoliZing and viii con-
tlnUe TO mOnOpolize the said commerce. and have
attempted and are attempting and viii attempt
fresh meats among the States and Territories
and the District OF Columbia and with foreign
countries, which scheme 10 monOpOliZe is also
a combination and conspiracy in restraint Of
trade and commerce among the States and Ter
ritories and the District of Columbia and with