New-York tribune., 1905-01-10

The conspiracy in this is ancillary the
sIPleacS 20 refrain from bidding and TO the crea-
closes '''' Sa us
second--It IS alleged in the eighth paragraph that
liking and maintaining of uniform prices Tor fresh
meat the defendants coIusively restricted and
tasied shipments of meats 70 the various mar rlets
fairy intsTnTnssG rne country hhe word coGsivey
ments by agreements with each other. Doubtless
legitimate. This consideration is recognized in the
deere which exempts from SIS prohibition the
vent the congestion of markets
against each other by defendants for ali deviatons
rom rom the prices fixed. which needs no special COM
Fo9rth-ia paragraph eight, also uniform rules
ior inc giving of credits are agreed upon. This OF
ary 10 the main conspiracy stated in that para
among the defendants. They viii not allow them
selves even TO compete for the term OF credit which
purchaser may go from one to another of these de-
dI Us ana Gotan the advantage Of single days
tlfth-The same purpose Is behind the agree
5ion. to make impose uniform Charges for cart
age Ihe price Of the meat is uniform; the terms
are uniform n b ard all this comes about by The
most effectve w1v to pTobibit r. he ;.,.ast 81 ia
tail al possible competition in pr.ces
MONOPOLY IN NECESSARY OF LIFE.
,anhs have poy discussed sepayately all the agree
Plained Of as unlawful in petition and enjoined
6cd by the e deeGSe Of , the soHr 6sow have Sndesy
they relate to interstate commerce ard either re-
strained 1t monopelzed it within the meaning o.
the law I should be unwilling. however. to rest
tne case here. There is larger view cf it to be
taken than appears from the allegations in the
petition considered separa tely.
These defendants are engaged in interstate com
Terce. The petition shows a typical case OF inter
state COMMERCE IT the business which they Co
exclusive OF manufacture. is not interstaSs
merce: there can be no such thing outside Cf rams
nHrtatcn. They buy their material. w1f-n =
gathered together from all the cattle raising States
ana territories OF the Union and Mt to the great
livestock markets of the country. After they have
transformed that material into the finished prod
uct they sell it throughout the United States. The
coordination which they have entered into Is de-
signed to restrain all their business transa ctons
exclusive Of manufacture. hv the supp ession Of
all conlpetition therein. both in their purchases
and their sales. by the fixing and maintaining Of
Uniform PRICES foA their product; and. so far as
and by obtaining such unlawful advantages as tend
70 create a monopoly In necessary Of life They
cannot be permitted ingenousy 10 separate the
various stems Of their Undertaking. an6 deaf
with them that they be regarded intTastata
transactions. The court met ana answered such a
device this in the Of Montague &, 20. vs.
Lowry. 1913 L. s. IS. There It truly claimed
that the sales Of unset titles IN San Francisco nv
the local dealers considered by themselves
interstate trans9 Ctions. The court held that the
sale could not be separated from the main purpose
of the combination, which to fix ard maintain
uniform prices for goods which the subject
of interstate