Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-12-09
|. A. sunderland ffsrs Resignation When
Opening New Coal Yard,
ALSO FORBADE THIS ExPANsE
Judge Sutton Takes Hand in Examination
of Witnesses for Defense.
After Receipt OF sunderland Letter
of Resignation Rules Are Changed
20 Permit New Yards Being
started.
EVIDENCE SHOWN At HOWELL TRIAL


laws of the Coal exchange was done by
coal daaIers in Omaha and that other sec
tions Of the constitution were not followed
was produced by the defense in the Howell
trial Saturday morning.
Besides telling how his firm employed
solicitors ]. A. Sunderland, who was on
the stand all the morning, declared his
firm established an additional coal yard,
notwithstanding the rules Of the exchange.
This was offered to show the provision
was not operative or followed by members
OF the exchange.
In the cross-examination County Attor-
ney Slabaugh introduced a letter to the
exchange from Mr.. Sunderland, resigning
his membership in the exchange because
1t was contrary to the rules Of the eN-
change to establish a second coal yard
Mr.. Sunderland identified the letter as his,
but said the resignation had not been ac-
ceptcd.
It was shortly after the receipt Of this
letter the rules of the exchange were
amended to allow members to establish
second coal yard. The county attorney con-
tends the amendment makes no difference,
as the letter, he says, is evidence the rule
was recognized as in force during the
eighteen months covered by the indictment
ana is violation OF the law,
Judge Takes "a Hand.
The early part Of the session was taken
up with testimony relating to soliciting and
the presentation by solicitors of advertising
cards. One count in the indictment charges
restraint OF trade by prohibiting soliciting
orally or by the presentation by solicitors
of printed matter designed to effect sale.
Judge Sutton took a hand in the examina-
ton when the introduction Of some Of these
cards was objected to.
lis IL the understanding in the exchange
that you can solicit in less than carload
lots?" asked the court.
Il never had any doubt of that in my own
mind"
"Who do they solicit business from, re-
tailers or consumers?"
Mr.. Sunderland said the cards we're dis
tributed to consumers in the city and he
knew one was left at his house and at one
Of his nelghbors. He also identified carbon
copies of orders taken by solicitors outside
the office. He said he had done more or less
soliciting himself.
"Were you governed and did you follow
/ the prices in the list Issued by the exchange
/ in fixing the prices of your coal?
I'VE were not governed by these prices,
we made our prices independently. On our
own coal these prices are our prices"
Question is Ruled out.
Judge Sutton ruled out a question as to
what controlled and governed them in max
/ ing up their prices,
did you ever adopt or In any manner
/ agree upon prices in these cards with any
other dealers, or do you know of any two
or more dealers so agreeing or adopting
these prices?"
mo, sir"
| The cross-examination of the witness was
taken up by County Attorney Sabaugh.
He asked the witness to interpret some of
the minutes OF meetings, where It was
stated coal lists were handed in to the
secretary and prices were to go into effect
at a certain specified time. The witness
said he was unable to say just what was
meant He said his firm frequently varied
from the price list as issued.
Then why hand in a list If you varied
from it?" he was asked
"The prices we handed in are our owr
standard prices, but we varied from them
did You change the card prices without
notifying the secretary"
"Yes, sir we did"
''was there not a provision against
building more than one coal yard?"
"I think there was"
'If you started more than one yard II
competition with other dealers in othel
parts OF the city, were you not violating
the constitution and bylaws?"
'wel we did that while we were mem
bers OF the exchange"
"Did you consider it a violation Of tn,
constitution and bylaws that you said yol
were not following?
Ignored the COnstftutton
} 1--WE built them regardless OF the consti
tuition"
! County Attorney saubaugh insisted on al
answer TO the question whether he consid
! cred II a violation of the constitution OF
not and the witness replied he could no
p say.
County Attorney slabaugh then handed
him the letter which, after being Identified
was read to the jury. 1t is as follows:
? July %, 19O5,-Omaha Coal Exchange, A
t Bee Building Omaha, Neb.: Gentlemen
member Of the Omaha Coal exchange. Th
necessities Of our business have compelled
US to build second yard for the dlstribu
tion Of coal and building material, AM
since this is IN conflict with the pro
visions OF the exchange, we can do moth
ing else, In fairness 10 you, than to resig1
our membership. We took this matter M
with you before we commenced TO bull,
the yard, but the exchange in it's wisdom
tude toward such extension OF its bushes
o. bv lis members.
We have high regard for the good IN
3 exchange has done IN placing upon a legtt
Y mato basis the coal business OF this cit
= and shall in the future, as In the past CO
operate I'm maintaining like conditions
, Yours truly, Sunderland Bros. Company,
/ A. Sunderland President.
I Mr.. Sunderland said in reply to a quel
- tion whether or not he was a member q
3 the exchange that ne had presented hi
resignation.
s but Il hasn't been accepted yet. has # ?
o II don't know"
II was about six weeks after the receiI
G OF this letter by the exchange the articl
p referred 20 was changed 20 allow dealer
u 20 have two yards.
CFOnk 20 Neg Him Back.
p The cross-examination OF Mr., sunderlan
L was taken up again az the afternoon ses
n sion. County Attorney Slabaugh continue
CONTINUED on Second PaEe)