The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1904-09-30

case of Park & Sons VS.. The National
Wholesale Druggist Association de-
the question Of combination in restraint
or trade The following is the material
syllabus of the case:
THE manufacturers of certain propri.
'etary medicines and an association OF
wholesale dealers therein entered into an
agreement to sell the goods at a uniform
JoDDing price for fixed quantities only 10
such dealers as would conform TO the
manufacturers price list In making safes
or goods. All wholesale dealers mad the
right to purchase the goods from the
manufacturers upon the same terms as
members of the association on agreeing
to maintain the prices established by the
manufacturers. Held not to eStabllSh q
monopoly on the part OF the members OF
the association.
medicines and an association OF whole
sale dealers entered into an agreement
by which the association were TO mann
tain the prices established by the manu-
facturers, the contract is not unlaWtui,
as in restraint of trade, although 1t apoi.
ishes competition as to prices, where IL
places no restriction as to the quantltles
that the dealers may SELL or the terri
tory in which they may transact busi-
ness.
"A complaint alleged that proprietors
Of patent medicines were prevented from
selling plaintiff their goods for the rea-
son that they wished to protect them
selves with the wholesale and Jobping
druggists, and that at one meeting OF .ne
association of wholesale drugglslS ar r,t
committee reported that all prominent
manufacturers of proprietary meolci ~,
had adopted the contract price lot Tue
sale of their goods, and recommenu1eu y
that continued opposition be made TO the
sale of the articles to those proprietors
who did not adopt such contracts OF re-
bate price. Held insufficient TO snow IN
timidation on the part OF the assoclAlioii
towards the manufacturers, so as 10 pre-
vent the sale of their goods to plaintln.
1.-The fact that manufacturers OF patenI
medicines refused to sell their gooos "
wholesale dealer. except at retall prices,
or to allow commissions on the goods
purchased does not show a poycotL
where the refusal is grounded on the
unwillingness of such wholesale dealer
to maintain the selling prices estapnsheo
by the manufacturers.
Where manufacturers of patent medl-
cines have contracted with the who're
sale dealers therein to handle their goods
wholesale dealers furnish the manutac-
turers with list of dealers who were cut
ting the established price does not snow
unlawful blacklisting."
"Safe" Man.
The case was decided by divided court.
Four judges, including Judge Parker, in a
concurring opinion of his own, held there
was no wrong and no remedy, while
three judges held that the agreement and
combination was clearly in restraint
of trade and should be prohibited.
wish you could all read the vigorous and
clear dissenting opinion of Judge Martin
of the minority. He mercllessly pune
lures and explodes the sophism of Judge
Parker and the majority of the court.
After studying this case we are not sur
prised at the fact that the trusts and the
great industrial combinations consider
Judge Parker a very safe and conserVa-
tive man.
In comparison with the common law
apathy of Judge Parker Task you to note
~ al 1ntn a 4
Roosevelt, on this all-important subject.
In his annual message to congress Dec.
2 1902. he declares:
Roosevelt on Trusts.
mo more important subject can come
before the congress than this OF the regu-
lation of interstate business. This coun-
try cannot afford to sit supine on the
plea that under our peculiar system OF
government we are helpless In the pres
ence of the new conditions and unable TO
grapple with them or to cut out what
ever of evil has arisen in connection with
them. The power of the congress to reg
ulate interstate commerce Is an aDSoiute
and unqualified grant, and without nnl-
the constitution. The congress has con-
ytitutional authority to make all laws
necessary and proper for executing TINS
power and am satisfied that TINS power
has not been exhausted by any legisla-
ton now on the statute books. II Is eVl.
dent, therefore, that evils restrlctVe OF
commercial freedom and entalnng re-
straint upon national commerce fau WIN
in the regulative power OF the congress,
and that a wise and reasonable law Woula
be a necessary and proper exercise OF
congressional authority to the emu Ihdl
such evils should be eradicated.
IT believe that monopolles, UNJUST olS-
ordinations which prevent or GRIPPE
competition, fraudulent overcapltallza
tton. and other evils in trust organlza-
fions and practices which inJurlously ar,
feet interstate trade can be prevented
under the power of the congress 10 regu,,
late commerce with foreign, natl9ns ano
among the several states through regu-
lations and requirements operating dl-
rectly upon such commerce, the lnStru,
mentalities thereof, and those engageu
therein. ,,hioo+ 70
the consideration of the congress, with
view to the passage OF a law reasonaDie
in its provisions and effective IN lts opeI-
atoms, upon which the questions can pe
finally adjudicated that now raise doubts
as to the necessity of constitutional
amendment"
Enforce the Laws.
The Republican party has not only given
fhe country all the legislative remedles
AGAINST trusts and combinations to Wh1cn
have called your attensioh, I Dut throu naS
Judicial proceedings. In his report 10 con-
aress last January Attorney General Knox
among other things states:
-
che house I submit the following state
ment describing the litigation referred TO
eomeWhat in detail: m.
s'1 The Northern securities Ease MS
Z. a proceeding in equity, instituted un-
6er the Sherman antitrust act IN the
Tinted states circuit court for the judicial
district of Minnesota for the purpose OF
preventing the combination ana practic ,s,i
Generalization of the Great Northern ana
Northern Pacific railway companies, com
netins Interstate carriers, by means OF a
company organized to hold majority OF
the shares Of each railway; -rn,. 10 !,
nroceedinp in equity. brought under the
antitrust act in the United states circuit
court for the Northern judicial district OF
illinois, to dissolve an alleged unlawful
Examination and conspiracy between sew
an CORPORATIONS, one partnership, ana
twenty-three individuals, engaged in the
business of purchasing live stock, con,
verting the same into fresh and cured
meats and shipping and selling the prod
ucts to dealers and consumers throughout
the United States and in foreign coun-
tries. ,.ura 1nirnction Suits.
These are proceedings in equity under the
antitrust act against fourteen railroad
companies. eight pending in the United
cia1 district of Missouri and six in the
United States circuit court for the north
ern judicial district of Illinois. The OBJ
ject of the proceedngs was to break up up
railroad companies and certain favored
Shippers, whereby the latter We're granted
rebates or concessions from the published
rates Of the railroads for carrying grain
and other products from one state to an
I'D Case Of the Jacksonville Wholesale
Grocers' Association-This Is proceed
ing in equity, instituted under the anti
friIst act, in the United States circuit
court for the southern judicial district
of Florida, for the purpose Of dissolving
q combination of wholesale grocers.
Salt Trust.