Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-12-11
Unlimited rreedom.

in coal and other fuels?"
Unlimited p-reedOm.
mo, sir; there was unlimited freedom in
every particular" 49,.
After examining the two price lists pre-
scented as evidence by County Attorney sla-
baugh the witness said he had had moth
ing to do. with circulating them and was
not present at the meeting mt which the
slips from which the. listsi were made up
by the secretary had been handed in.
When he signed the. checks and vouchers
which paid for the printing of the lists he
said he had no personal knowledge what the
payment was made for and had no personal
knowledge OF. the, lists until after they had
been issued. He said it was the under
standing a dealer could change the price
on the lists at. amy time, He said he had
done nothing with the intent Of preventing
anybody else from engaging in the coal
business, prevent competition or. raise
prices He said itlwas a fact the prices OF
coal were fixed by other considerations
entirely outside an actien Of the exchange
Judge Sutton ruled 1t would not be proper
to go into the details of these methods.
The witness said he had never adopted the
prices named in the price lists or recog-
nized them as fixing in any. manner, the
prices of Goals! Off other, fuels. He declared
he, personally has solicited. coal business
by telephoning and otherwise.
Never Saw Fine Imposed, .la's
Were you evdt pgRsent at amy, meeting
OF the board Oft directors when any ffue
was imposed forWsslieiting or maintaining
q subagency?' Of arl.7. ,...a..
mo, SIR s..fr srr. . .sf.
"Did you know before THE trial began
that any fines had been assessed for
l,v
mo, sir ..'t. -'.ss "t ''i .
These questions were directed at evil
dence offered by entries In the cash book
OF the exchange and by the testimony Of
Henry Ostrom, secretary OF the exchange.
which was to the effect. the board Of diree-
tors, of which Mr. Howell is ex-officio mem
ber' had assessed such fines and the fines
had been paid s.l-- ... r.-sa
Mr.. Council then directed his questioning
TO the letter of ]. A. Sunderland Offering
to resign from the exchange because the
exchange had refused to allow his firm TO
build a second coal yard. Mr.. Howell said
he had some recollection of such letter
being presented to the exchange.
Mr.. Connell brought out that following
the receipt Of the letter the constitution
and bylaws were amended to allow dealers
/ to have two coal yards.
"Did you act with others to modify the
Objectionable feature 50 the sunderlands
could stay in?'f
Yes, sir" .rs-'
Up to that time did you or any member
( OF the exchange make any opposition to or
do anything to prevent any member. from
having two coal yards or a dozen?"
/ mo, sir"
County Attorney 'slabaugh took up the
examination at this point and hand
ing the witness the Sunderland letter,
asked:
what, then. did Mr., Sunderland mean
when he. said in the letter of resignation
/ that he had taken this matter up with the
exchange and the exchange had decided not
/ TO act?'
| It don't know"
The witness said he knew the exchange
/ had issued so-called price lists but did not
know OF the specific ones referred 70 IN
the direct examination,
/ When County Attorney Slabaugh asked
him II he were not also in the ice business
/ Mr. Cornell objected. saying it would tend
to prejudice the minds OF the jury. Judge
Sutton let the question in and Mr.. Howell
said his company dealt in both coal and
Toe. Referring again to the assessment of
/ hnes against members County Attorney
Slabaugh asked: a.
Didn't the hoard, Of directors, OF which
you were member. assess these hnes?".
| Il don't know"
He said he thought he had, filed. price
slips, naming his own price, with the sec
rotary within the last eighteen months.
John ]. Ryder clerk OF the county board,
was called to the stand to identify the bIds
submitted for the furnishing OF coal 10
! the county. Co.,.
/ The bids were submitted by the defense
fered.