Omaha daily bee., 1906-09-23

! That the plaintiff is unable to obtain a
copy Of the bylaws. rules and regulations
South Omaha Coal exchange and there
| fore Is unable to set forth In this petition
such bylaws. rules and regulations. z.y;;
it;S 0nicers specifically 4ecased, IA
seventh-That TO sldSNdefendahts ih.lthe
aforesaid: the defendantS. Henry e.
| Ostrom and s. L. Howell and other officers
Of said associations to this plaintiff UNI
| to advise the several members of said as
ISOLATION OF all information and facts
% ns they by h dsenes d may acquire ss a9 20
them in fixing and maintaining prices and
In destroying competition. t.,,, g.. ..s
ment the said def defendants, ostronl and
| Howell and Others cause TO be published
and sent and delivered to each active mem
| Der OF said association a list OF such mem
bers OF the association as are In good
standing at the time said information IL
sent out. and at regular intervals, the ex-
tin, forward to the different members OF
THIS ISOLATION the prices TOT which they
citation violates said price which is estab-
| lished by said association he lie made to
such association, certain, fines and penal
| ties which are levied by the executive
| committee Jof said association. And the
plaintiff further alleges that under the
rules and regulations of said associat ton.
| in case a member of said association vio-
lates the rules and regulations and the
rand the wholesale price OF said association,
are prohibited from supplying the members
thereof who violate said rules of said ex-
! Eighth-That on account of such rules
and regulations as set forth by said asso-
citation that over 30 per cent OF the whole;
+ other fuels are controlled by said associa-
! tion and that the consumers Of coal coke
I and fuel In the county OF Douglas and
state OF Nebraska are compelled to pay the
list price fixed by said exchange.
Rules Restrain Competition.
Ninth-That II Is further understood and
agreed by and between the members OF
said association that none of them should
solicit trade from purchasers or consumers
| OF coal, coke or other fuels, and that IL a
member of said association should violate
any OF said rules OF said association il Is
| the duty OF the secretary to notify the
executive committee OF the member so Of
tending FOR soIstins or ySlatins said
committee; and the association assesses
against said Offending member certain
fines and penalties which said member Is
required TO pay for the benefit OF the said
Tenth--That under the rules and reguIa-
! tions and agreements promulga ted and put
| forth by said association the members
/ thereof, who are wholesale dealers In coal
coke and other fuels. are not allowed to
sumner, and that in the event said whole
J sale dealer In said coal, coke and Other
| fuels should violate said RUE and practice
! OF said association by selling directly "a
4 the consumer said wholesale dealer il
compelled and expected to- pay certain hnes
I and penalties assessed against the mem
bers so violating said rules, which fines
and penalties are TO be paid TO the said
association for the beneft OF it's members
Eieventh-That the purpose and object OF
maintaining said associations. known as the
/ Omaha Coal exchange and the South
I Omaha Coal exchange, is to NIX and regl-
( late the wholesale and retail price OF coal
/ coke and fuel to consumers in the cities OF
Omaha and South Omaha and in Douglas
county.
- illegal Trust Maintained.
Twelfth-That in violation Of the law the
] defendants have operated and now operate
/ a trust. monopoly, combination aud con-
. spiracy in restraint OF trade and commerce
: OF the county OF Douglas and state OF Ne
braska OF their lawful right TO an open
market for the purchase OF coal, roke, lime
! cement and building supplieS. BY means
OF this unlawful trust, monopoly and com,
bination and conspiracy against trade and
commerce defendants have arbitrarily and
unlawfully increased the prices ~ coal
and now exact from the purchasers
throughout the county of Douglas and
state OF Nebraska eXorbtant and unren.
sensible prices. thereby contributing 10 this
Illegal and unconscionable proft and or
ganized thereby 70 DESTROY competition IL
and state OF Ssbrssk all 90 the great and
irreparable injury Of the people of said
Wherefore plaintiff prays: - -'
First-That the defendants. each and all
! be perpetually enJoined and restrained