The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1903-05-28
TO ENJOIN TRUST.
pEGlJN AGAINST THE LUM-
Der COMBINE.
Hand Contractor Says Lumber
e, Are Running His Business,
Asks Courts to Enjoin Them
f.om Observation-Disclosures That
Combine Be Declared Illegal.

portland. Or, May 25.-The legality
.Io combination of Portland lumber
VI n,,facturers under the name of the
i ll+ Retail Lumber Company is at last
" he mt to test in the state circuit
W. Il. Jenkins, building con-
..aotor. who employs union labor, and
!mot a member of the Builders Ex-
Lanoo has begun suit to have the COM
'n INV declared an unlawful combination
apnd conspiracy in restraint of trade and
OBJ anLod that the company be restrained
s.oro discriminating against him in the
Ling IF lumber or in fixing prices. If
40 case should be fought to finish, 1T
-;II decide whether the trust could le-
oaIIv interfere in the building strike
Sv refusing to sell lumber to employers
.irnion labor, and also whether such
nominations to regulate prices can le
soTIv exist in this state. The defend
ants named who are alleged to form the
monopolv known as the City Retail
lumber Company are: Inman, Poul-
opn & Co., Day Lumber Company,
North Pacific Lumber Company, Port
land Lumber Company, Eastern &
western Lumber Company and Jones
Lumber Company, which constitute the
principal lumber mills OF the city.
In his complaint Jenkins recites what
be asserts is truthful statement of the
mmber situation in Portland and the
bardships which building contractors
suffer as a consequence. He charges
that on July 2, 1902, the lumber COM
panies referred to. for the purpose of
ending and preventing competition in
the sale sf 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 requiI ing 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
specified time; that the firms cOmprls
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
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 Aim 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 court to declare the
monopoly unlawful; that the conspir-
acy and confederation to discriminate
against him in prices be declared I'M
lawful; that the defendants be forever
restrained from engaging in monopo-
ly to limit and control the output OF
lumber and to control prices, or charge
excessive prices, or prevent competl
ton; that they be restrained from dis
eliminating against him because OF his