The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-07-24
THE SINGLE TRUST
Is in COURT
Demurrer to Complaint OverruIed-
Trust Must Fight on Merits
of Case.

Tacoma.-Judge DeHaven has de-
MED a motion for a nOnsuit by the
defendants attorney in the federal
.Ourt in the suit for damages brought
81 S. A. Gibbs against the Washington
Red Cedar Single Manufacturers as
jOciatiOn and its officials for boycott
ing and running him, according to the
allegations of his complaint, in his
business as a shingle dealer. In the
argument for the nOnSuit the attOr-
leys for the association urged that
he members of the association had a
right to sell shingles to whom they
1esired and also had a right TO re
fuse to sell shingles to whom they de-
sired; they cOntended that Gibbs was
building up his suit on glittering gen
aralities and assertions, without Civ
ing specific and definite testimony
setting forth that no good and suffi-
cient reason had been instanced as a
cause of action, it also being argued
that the plaintiff had rot Trovan ''at
he had been injured b. the wOrl-i- IS
Of the association.
Judge De Haven held there was
sufficient evidence shown to warrant
him in overruling the motion for a
nonsuit, maintaining that it was for
the jury to decide if damages should
be awarded the plaintiff
James McNeeley, of Tacoma, for
mer president of the association, was
the first witness examined for the de-
PENDANT, he making a statement OF the
bad conditions of the single market
that resulted in bringing the shingle
men together and the subsequent Gre
alton of the association. After the as
eOciatiOn was formed it was found best
% fix a price for the single output.
in order to maintain uniform market
value, which was done. The witness
showed the good Offices of the assOcia-
ton by stating that at the time it was
formed there were but $50 nils in the
state, whereas there were now 400.
The congressional appropriation of
$50 900 for the Improvement of the
federal penitentiary on Mcneil is
land will be expended in the cOnstruc-
ton Of a new addition, capable of ac-
cOmodating about fifty prisoners; the
buying Of new lands in the vicinity
Of the penitentiary at cost of $500,
and the construction of wharf, which
will cost $4,000. The new addition will
cost in round numbers $4,000. 1t will
be fitted up with the latest improved
steel cells, precluding the pOssibili-
ty Of the most desperate prisoners ever
breaking out. Government Examiner
l.. V. La Dow. who has been at the
penitentiary making an examination,
has left for Washington, where he will
prepare his report.
The wharf Is one Of the very ne
cessary acquisitions to the prison, aid
one which the officials feel it should
have had years ago. During bad
weather, especially in the winter time
it is often impossible for passing
steamers to land at the island for
several days at time, which has
frequently resulted in considerable
complications and embarrassments
when the United States marshal here
has had batch Of prisoners for the
prison. The wharf will also be a boon
to the farmers Of the island. The
land adjacent to the penitentiary will
be added to the farm and to the brick
yard. The $4,000 appropriation is
only available during the present ifs
cal year, and on this amount the i'm
provemerts VIII be rushed in order to
absorb it.
The expenditure of this appropria-
ton will make a decided change in.
the looks of the penitentiary, and will
probably result in keeping the institu-
ton on the island indefinitely. Sew
eral times during the past three or
four years efforts have been made to
have it removed. and at one time the
chamber Of commerce of Tacoma
made hard fight TO have it located
on the mainland at Point Defiance
near this city.