Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-07-21
INJUNCTION Is ASKED
TO PREVENT BREWERS ASSOCIA-
TON FROM FORCING PRICES.
Compliments Want Trust Declared
Null and Void - Justice Wright
Postpones Action Till Monday.

In connection With the local strike situa-
| ton affecting beer proceedings in equity for
Injunction were Instituted today in the Su-
preme Court of the District of Columbia by
| James c. Leonard, proprietor of a bar room
| in Anacostia, and Samuel G. Stewart who
| conducts a bar room at 1141 It'll street
| northwest. Those named as defendants are
| the Abner-Drury Brewing Company, the
National Capital Brewing Company, the
| Arlington Brewing Company, the Washing
ton Brewing Company, the Chr, Heurich
Brewing Company, Edward F. Abner, AL
bert Carry. William Mcclure, Bernard
Katz, Harry Williams, Christian Heurich
Louis S. Crown, Michael Cookery and Tim
othy Healy.
The compliments ask that an agreement
between the Abner-Drury, the National
Capital, the Arlington and the Washington
companies, by which they are combined
and confederated together under the name
of the Brewers Association, may be de-
creed to be null and VOID, because con-
trary to law; that the defendants be en-
Joined from attempting to enforce the
terms of the agreement of the association
and from attempting in any way to coerce
| the Chr. Heurich Brewing Company into
| joining the Brewers Association, or enter
| Ing into the terms of the agreement; that
the defendant companies be enjo1ned from
inviting, soliciting or demanding that the
Chr. Heinrich Brewing Company shall IN
crease the price of it's product to the COM
plainants or any other retail liquor deal
ers, or to any persons whomsoeVer, or d.
recty or indirectly counseiIng or advising
such action; that the defendant companies
and Louis S. Crown and Timothy Healy be
enjoined from taking any steps to induce
the firemen or other employees or the Ihr
Heurich Brewing Company to quit the SerV-
ice of that company. or attempting to regu,
late the price at which the company shall
sell any of its product or the person or per-
sons to whom II may sell the same, anu
that the Chr Heurich Brewing Company
be perpetually enjoined from entering the
Brewers Assocla ton.
Will Be Considered Monday.
The bill of complaint was presented to
! Justice Wright in Equity Court No. l, but
| he declined to issue temporary tnJunc-
| ton without notice to the defendants ana
without giving them an opportunity TO be
| heard. Justice Wright announced that ne
| will consider the matter next Monday,
when all the parties interested will be rep
resented in court.
The compliments explain that they BRING
| the suit in behalf of themselves and all
| other licensed retail liquor dealers In the
| District of Columbia who may choose to
| intervene. 1t is added that the annual
product of the five defendant companies
amounts to about 270,000 barrels, the
greater part of which is sold within the
District of Columbia by the various retail
liquor dealers. The retail dealers and the
community, according to the compliments,
are practically dependent upon the de-
PENDANT breweries for their supply of malt
ed liquors the product of the various other
breweries in the United States being ship
ped to this city and sold almost exclusive
ly in bottles, and maintaining in the aggre
gate to not exceeding 10000 barrels per an
mum.
Serious Allegations.
The complainants assert to the court that
the Abner-Drury, National Capital, Arling
ton and the Washington companies, in or
der to prevent competition in the business,
to control the distribution of the product
to the retail dealers and to prevent COM
petition in the price of the same, conspired
together, forming the Brewers Association,
the business of selling beer being allotted
among the four companies. For more than
year past, it is set forth, light beer has
been sold to the retail dealers at 81 a bar
REL with a discount of 10 per cent for
cash. Prior to that time the price for
light beer was &c. with a discount of
per cent for cash. The reduction, it is
explained. was brought about by the Chr.
Heurich Brewing Company, which had new
er entered into the agreement with the
other companies.
To Force Chr. Heurich
1t is further charged that the four de-
company. conspired to compel the latter to
join the association, by inducing the fire.
men employed by the Heurich company 10
refuse to work for that company unless It
would agree to join the association and
raise the price of light beer to Sc bar
rel.
Continuing, the complainants say that if
the Chr. Heurich Brewing Company shall
yield to the demands of the other defend
ants and increase the price of the beer to
ST per barrel the increase of price will in
volve great loss and irreparable injury to
the retail dealers, who will be prevented
from purchasing and selling the product of
the Heurich company. to their loss and in
jury, and the deprivation of their custom
ers who are accustomed to purchase the
product.
1t is made plain to the court that no dis
agreement or controversy has arisen be-
tween the Heurich company and any of it's
employees: that no change in the services,
hours of labor or wages of the firemen en-
ployed by 1t is sought or desired by the
firemen but, it is declared, the purpose Of
the defendants Healy and Crown in COM
manding the firemen to cease their employ
ment is to embarrasS the Heurich company
in it's business, and compel 1T to abandon
it's competition in trade and it's sale of it's
product at the price now charged, and to
limit the sale to certain specified custom
erS.
The purpose and object of the conspiracy
entered into by causing the strike among
employees of the Heurich company, the COM
planants declare. is to stifie competition in
the brewing business and to restrain the
conduct of trade in violation of the rights
of the complainants of other retail deal
ers, of the general public, and in viola ton
of the law of the land. Further it is as
serted the purpose of the defendants is
contrary to public policy and good morals,
and such a court of equity can and
ought to restrain by injunction.
Attorney w. G. johnson represents the
complainants.
Held for Grand Jurv