Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1903-05-28
TO ENJOIN TRUST
SUIT BEGUN AGAINST THE LUM.
Der COMBINE.
Portland Contractor Says Lumber.
men Are Running His Business,
and Asks Courts to EnjOin The m
from Discriminating--Als That
Combine Be Declared Illegal.

Portland, Or, May 25.-The legality
of the combination of Portland lumber
manufacturers under the name of the
City Retail Lumber Company is at last
to be put to test in the state circuit
court. W. Il. Jenkins. a building con-
tractor, who employs union labor, and
is not a member of the Builders Ex-
change, has begun suit to have the COM
pany declared an unlawful combination
and conspiracy in restraint of trade and
asked that the company be restrained
from discriminating against him in the
selling IF lumber or in fixing prices. If
the case should be fought to finish, 1t
will decide whether the trust could le-
gally interfere in the building strike
by refusing to sell lumber to employers
of union labor, and also whether such
combinations to regulate prices can le-
gally exist in this state. The defend
ants named who are alleged to form the
monopoly known as the City Retail
Lumber Company are: Inman, Poul-
sen x Co., Day Lumber Company,
North Pacific Lumber Company, Port
land Lumber Company, Eastern 4
Western Lumber Company and Jones
Lumber Company, which constitute the
principal lumber mills OF the city.
In his complaint Jenkins recites what
he asserts is truthful statement of the
lumber situation in Portland and the
hardships which building contractors
suffer as consequence. He charges
that on July 2, 1902, the lumber COM
Toe 60 to ho of
ending and preventing competition in
the sale Of lumber in Portland market,
restricting and controlling the output
of lumber, creating monopoly of the
manufacture and sale of lumber, con-
trolling the market and prices of lum-
Der, raising the prices. demanding and
extorting excessive and unreasonable
prices, making unreasonable profits,
and with the intent of requiring pur-
chasers in Portland to pay excessive
and greater price than can be de-
manded or received for exporting lum
Der or shipping the same outside of the
city, did conspire and confederate to-
gether and incorporate and organize the
City Retail Lumber Company.
AS further and separate cause OF &C
ton, Jenkins sets forth that in making
contracts to erect buildings he is COM
PEELED to fix the price in advance and
to agree to complete the work within a
specified time; that the firms compris
ing the trust refuse to sell any lumber
in the city except through the City Re-
tail Lumber COMPANY. For a long
time past he says that there has exist
ed in the city an organization known
as the Master Builders Association.
composed of contractors. and also a
Master Painters Association, and there
has been controversy between them
and their employees, who belong to labor
unions. Jenkins says that for the pur-
pose of compelling him to join the Mas
ter Builders Association, and not to
employ union men, and to dictate to
him what men he shall employ and
what wages he shall pay, and to des-
troy his business, the defendants did
combine and confederate to discrimin-
ate against him in the prices charged
for lumber, and refuse to sell him lum-
Der on the same rates and terms as
they sell lumber to members of the
Master Builders Association. and refuse
to sell him lumber except at prices
greatly in excess of those charged to
members of the Master Builders Asso.
citation, who are favored by the combi'
nation so as to underbid him.
Jenkins asks the conrt to declare the
monopoly unlawful; that the conspir'
acy and confederation to discriminate
against himi in prices be declared un.
lawful; that the defendants be forever
restrained from engaging in a monopo'
ly to limit and control the output Of
lumber and to control prices, or charge
excessive prices, or prevent competi
ton; that they be restrained from dis
eliminating against him because OF hi
employment of union laborers.