The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-07-07
] JACKSONVILLE
ICE TRUST
CASE
Lively Legal Battle is Expected by
Prosecution Charges Of
Solicitor BRYAN.

The Jacksonville Times-Union of
Thursday contained the following rel-l
alive TO the fight solicitor Bryan has
iraugurated against the alleged icel
trust:
What promises to be the hardest |
fought legal battle that has been
waged in Duval county in many
months, will begin this morning in
the criminal court of record, when
the case of the state of Florida VS.. |
William S. Ware. ct al; is called.
The case is one in which the gen
eral public is moresthan usually in
terested, because its outcome more
directly affects their interest than
that OF any other case tried in DLval
county in many long day. This is
the case brought by Solicitor w. j. !
Bryan to determine whether or not
there is an lice trust in Jackson |
vile, and if so. whether or not, under
the common, or statutory Jaw, prose-
cution lies.
The solicitor himself, by the bring
ing OF the action. shows that he is i
convinced that there is an ice trust
and that its members can be pun |
ished, and the trial will legally deter
mine the correctness of his views.
IL he Is successful, the result, as
far as the people are concerned, is |
plainly apparent, and 1t is for .his
reason that SO much interest attaches
10 the case.
Leading Legal Talent.
The defendants, who are charged
with combining to form the alleged
Vice trust" are all prominent Nciti- |
zens of Jacksonville. They are Will !
liam S. Ware, George H. White |
Harrison D. Stratton, Robert Gam
BILE and Howard e. Harkisheimer.
Representing them when the case
is called this morning will be attoT-
neys recognized as standing in the
very front ranks OF the legal talent
of Jacksonville and Duval county,
counsel for the defense including
such well known attorneys and law
firms as D. U. Fletcher, A. w. Cock !
rell & Son, Fleming & Fleming, and
Baker & Baker
Prosecuting will be Solicitor w. j.
Bryan alone, and that he will have
On his hands the hardest legal battle |
since he has been solicitor Is general
ly admitted. Every point sought to
be made will be closely watched, and
every move will be fought by the
opposing counsel. In the event that
the solicitor wins, the battle will not
be ended, as an appeal will be prac-
ticalfy certain.
Under Common. Law.
Solicitor Bryan is proceeding under
the common law, believing, with
Judge Alton B. Parker, that the COM
mon law provides a remedy against
ordinations in restraint OF trade or.
what are more Familiarity known as
trusts"
Before the case goes to trial on
its merits, or on questions of fact.
the laxy will undoubtedly be threshedi
out Thus far no notice Of demur-
rers or motions to be argued have
Teen served on Solicitor Bryan, but
it is almost certain that the question
of law involved in the suit. will be
raised when the case is called.
When these have been settled, and
ii the position taken by Solicitor
Bryan Is sustained, the case will then
go to trial on its merits and on Ques-
tons of fact, and the solicitor must
then prove the allegations made in
the information filed against the de-
PENDANTS.
What Bryan Charges.
! Three distinct charges, though all
are closely related, are made by So
| licitor Bryan
/ In the first place he charges that
the defendants, ION the 18th day OF
| April. 1906, and thence continually
until the 26th day of June, 1906" did
"rnlawfully and maliciously agree,
combine, conspire and confederate to-
| gether to then and there unlawfuliy
monopolize the sale of manufactured
ice to the general public"
\ In the second place he charges that
the same defendants, unlawful'y and
naliciously agreed, combined, cor
/ spired. etc., in an attempt to control
\ the sale of the whole supply of man
ufactured ice to the purchasers there
Of in the county of Duval and the
state or florida.
The third and last charge is that
they unlawfully and maliciously did
combine, agree. conspire. etc, to en-
nance and increase the purchase
price of manufactured ice, to the lin
jury and detriment of the general
public"
Held Under Bord.
This information, which was pub
| lished in full in the Times Union -hen
Solicitor Bryan brought /. against
the defendants, was filed June %,
1906.
fOn the day following, the defend
ants. some in person and some
through their attorneys. appeared in
the criminal court of record and
were held under $500 bond for trial,
This bond was, of course. promptly
furnished, and Solicitor Bryan an
nounced thereupon that he wonli
have the case called for trial this
morning.
II In case of conviction, the defend
ants are each subject to a fine of
$500, or Imprisonment, either or both,
in the discretion of the court.
Bryan Is Confident.
GN-l III -