Omaha daily bee., 1903-06-04
YEISER GETS HIS PLASTER
Secures Building Material Agains. Will Of
Owner to Sell.
WRIT OF RsPLLvIN TO BREAK COMBINE
Sunderland Bros. Company Declines TO
Sell Goods Asked for and Law
is Invoked TO Make
Test Case.

John o. Yeiser backed with a writ Of
replevin issued by Justice Charles Potter
Of Dundee, and the presence Of Constable
King succeeded in getting material with
which to make repairs upon his house from
Sunderland Brothers company yesterday
afternoon after that company had abso-
lutely refused to deliver goods for any
work TO be done in Omaha until after the
resumption Of work by members Of the
Omaha Builders exchange.
The writ Of replevin was secured upon
AFFIDAVIT filed by Ira L. Van Horne. a con-
tractor hired by Mr.. Yeiser to make the
repairs required on the house, which af-
hdavit alleged I'm its material parts that:
Sunderland Brothers company and the
Omaha Coal, Coke and Lime company are
cement in the city Of Omaha; that said
Sunderland Brothers company and. the
Omaha Coal, Coke and Lime company have
entered into n conspiracy combination and
agreement with all other dealers in lime
and cement in the city Of Omaha said
county, to fix the prices and conditions
under which lime and cement will be sold
and to prevent any competition In the. sale
OF such commodities and to discriminate
against labor unions and enforce as an un-
reasonable consideration for supplying
such public necessity the cooperation OF
people requiring such necessities to break
strike and are carrying out said con-
spiracy; that lime and cement is a public
to construct and repair their dwelling
houses and places Of business and to afford
protection from the cold and freezing
weather of winter; that said Sunderland
Brothers company and Omaha Coal. Coke
and Lime company and the other dealers
in lime and cement in Omaha have an
ample stock Of lime and cement to supply
the public demand and still assume to
serve the public and engage in said busi-
ness but do not intend to abandon the
same and leave the field open to others TO
engage in such business to supply said
demand: that on the third day Of June,
1903 attiant went 70 the place OF business
Omaha Coal, Coke and Lime company and
demanded one sack of hardwall plaster and
one sack. OF Louisyille cement as pur-
which was the reasonable value of said
cement and plaster and the price Of said
said parties at the time Of said unlawful
conspiracy, but the delivery OF same was
refused tr eScssff M ssfd q1G nrice 'ha ia tbe sa
owner of such a public necessity which
the said owner assumed to supply. submit
OF such monopoly, a special interest and
ownership was created in affiant OF one
Louisville % Vi @ cement % ff'9th Of the Stock Of cement
and plaster of said Sunderland Brothers
company and the Omaha. Coal. Coke and
Lime company, located near Douglas and
Dodge and Eighth streets and afTiant fur
ther alleges a special interest in said ce-
restraining the refusal to sell said ma
teral in the case of Halstead, ct al, against
Omaha W0iters union NO. 70, IN lne ulS-
trict court Of Douglas county, Nebraskai
and afflant alleges that by reason OF such
facts, affiant is entitled to the immediate
possession of one sack of hardwall plaster
and one sack Of Louisville cement of the
general stock of plaster and cement Of said
Sunderland Brothers company and the
Omaha Coal Coke and Lime company
that said property is wrongfully detained
by said Sunderland, Brothers company ano
the Omaha Coal Coke and Lime company
Armed with the writ the constable. &C
companied by a number Of persons. went
to the warehouse OF the Sunderland com
pany and demanded the goods. The Gus
todian of the place requested time in which
TO consult with the members of the com
pany and called them up by telephone
While he was talking the constable leYiec
upon one sack of hard wall plaster, which
he turned over to the plaintiff in the cast
upon the making of bond in the sum Of
$50 which was signed by L. v. Guye.
Both the custodian of the yards and
member of the firm protested against th'
action, but the goods were gone before
either OF them returned to the place wher,
the plaster was stored. The repevin cas-,
has been set for hearing before Justic,
Potter at Dundee, June s. at which timt
the right to the material will be de
termined
Speaking Of his action Mr.. Yeiser said
II have been in just such a case before
II we can prove our right to these good
we will have gone long way TOWARD
solving the trust question, and / believ,
that we will have no more trouble in get
ting building material In Omaha"