The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-11-10
Say That the Plaintiff Has Been
Aggressive Member.
They Only Did Their Duty Un-
der Their Contracts.
Claims Suit Was Started For
Advertising Purposes.
From Mondays Daily.

From Mondays Daily.
A special term of the district court
was held this afternoon, and the case of
most interest on the calendar was the
Injunction suit of J. c. Thro against
several members of the Retail Druggists
association of Blue Earth county. The
case was submitted to the court upon
affidavits.
All of the defendants, j. E. Seidle,
Julius Doxey, F. C. Thomas, E. L. Lamm
and p. Follman, through their attor-
ney, \. Z. Clark, demurred to the COM
plant upon the ground that it fails to
state facts sufficient to constitute
cause of action.
The defendants Seidle, Doxey, Lamm
and Follman filed an answer collective
~ this morning. They allege that the
plaintiff is now and for several yeart
past has been member of the Blue
Earth County Retail Druggists associa
ton, and up to the present year was
secretary thereof. That the association
was formed in July, 1901, and that the
plaintiff was very active in securing the
organization thereof and induced other
druggists to become members thereof.
That at all times and up to the com
mencement of this action the plaintiff
was Il very active and aggressive mem
Der of the association and at all times
very insistent that the rules and regu
lations thereof should be strictly en-
forced as against all parties. That sew
eral druggists who are members of the
association were not named as defend
ants in the suit
1t is further alleged that the National
Association of Retail Druggists and the
local association were organized for the
purpose of inducing the manufacturers
of patent medicines to sell to retail
druggists at uniform prices, no matter
whether they were large or small deal
ers, and not TO give rebates or to favor
certain customers, That the retail dealr
ers enter into contracts direct with the
manufacturers of proprietary medicines,
which contracts stipulate the price for
which the medicines are bought and for
which they may be sold. They are val
id and binding contracts. It is the duty
under the constitution and bylaws of
the National Association of Retail Drug
gists of the local association to report
any druggist who is violating the terms
of his contracts to the national asso-
citation, which reports it to the manu-
facturers. The plaintiff has in the past
taken part in reporting druggists who
violated the terms of their contracts
with reference to the sales of patent
medicines. That the plaintiff in viola
ton of the terms of his several con-
tracts did widely advertise in the news
papers and otherwise recently that he
would sell various proprietary medicines
for less than the specified prices in his
contracts with the manufacturers there /
of and did sell such medicines in viola
ton of the terms of such contracts.
Therefor the defendants reported the
fact to the National Association of Re-
tail Druggists.
The defendants further allege on in
formation and belief that the action
was brought in good faith, but for the
purpose of advertising the business of
the plaintiff.
Defendant Thomas made separate
answer. in which he denies that he is
now or ever has been member of the
National Association of Retail Druggists
or of the Blue Earth County Retail
Druggists association.
An affidavit of J. w. Doxey says that
he is secretary of the Blue Earth Coun-
ty Retail Druggists association, and
that it appears from the record book,
that the plaintiff was secretary of the
association prior to April last. That the
name of F. @. Thomas does not appear
anywhere upon the records as member
or otherwise, and that he has paid no
dues to the association.
In another affidavit, Mr.. DoXey states
that the plaintiff is a member of the as
ISOLATION and has paid his dues for the
current year, and that the plaintiff as
attended and participated at every reg
ular meeting of the association held
since affiant became secretary, except
one meeting held Oct. 9th.
The hearing was put off until tomor-
dow morning.
90 Ho~%~ac@