The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-21
MAYER AFTER The ICE TRUST.
STtRTS SUIT ON THE EVE or
LEAVING HIS OFFICE.
Ha, an understanding with jackson, he
Explains seeks to Dissolve the Cor
poraiIOn on the Ground THAT H Has
Violated the Donnelly Antitrust Law.

A,roruey-General Mayer instituted suit
nanv for the dissolution of the company
on the ground that il is a corporation operat-
INC IN restraint OF trade and in violation
If the so-called DonneIIy antitrust law.
The complaint was served yesterday morn
lng upon Wesley NJ. Oler, president Of the
American Ice Company, by William Chill
yers. Deputy ACKNOWLEDGEMENT.
The suit Is brought az a result Of in
formation obtained in an examination
Of the books of the company made last
summer by John X. MacNeills OF the In
vcstorr' Agency. Marvin Scudder. who
acted a. financial expert for the Armstrong
committee in the insurance inquiry, is
connected with the same concern. Mr..
MacNeille's examination was an exhaustive
one and occupied about six weeks.
The complaint declares that the Ameri-
ran Ice Company maintains a practical
monopoly of the ice trade in New York
city aud alleges that-one of the principal
means nv which it does SO is the control
nj the Maine ice fields, where il is declared
that the company wilfully reduced last
wears output TO about one-third Of the
previous years harvest.
By controlling the docks where ice
brought here is landed, the complaint
alleges. the company was able last season
to raise the price of ice from $40 a ton
10 S. and 81. BY the time the ice had
'rickled through the various retail middle
men 10 the congested parts Of the city,
II is alleged. the price had risen until it
frequently cost the consumers from SO
10 81 a on.
The Increase of the price Of Joe ssisold at
he ice bridges of the company, the COM
rlaint declares. was seventeen times as
great as any increase in it's cost TO the COM
nanv. The complaint adds the allegation
that the average price for sales of ice
during the month OF July, 1906, was 81. 10 a
ton. producing, as this plaintiff is informed
and believes. Il per cent. profit on total
BUSINESS done by the defendants New York
department. during the month Of July"
The wagon sales made by the company
in this city in July are computed by the
Attorney General TO " reaped a profit
If about 81 per cent.
The complaint quotes the c~ompsny's
announcement to householders last April
TO the effect that on May 1 the price would
rise 10 20 cents a hundred. but that, as a
matter Of fact. "the price Of ice delivered
- the poor in small quantities by retail
dealers and by pushcart dealers during the
summer was steadily advanced to so and
Slt a ton" when IL cost the company, as
delivered to the retail dealers, only tl.a4
a ton.
Moreover. while the company was send
ing out notices TO tell its consumers that
here was a great shortage in the supply
and that unless consumption was reduced
here would be no ice for the city at any
rrice before the summer was over, the
company was writing to its Philadelphia
department:
There is a great deal Of ice offering
now
Under date of April 4, it is alleged, the
company wrote this to its Baltimore de-
partment;
altogether I think the prospect is most
favorable for the company n we have
made up our minds to 60 ahead selling ice
ia fast a. people want and are willing TO
lay The price for it,"
I nder date Of March IS, according to the
Attorney Generals statement, the Amer
lean Ice Company wrote to Robbins, Dila-
ush 4 Chalmers Of B~owdinham, Me-, in
hese words:
We have gotten along so well with our
forage Of ice that We are not prepared to
anne you Il price for your ice
II Is maintained in the complaint that the
American Ice Company owns or controls all
nut seventeen of the ice houses in the Hud-
son River district; that the company con-
tracted with the Mountain Ice Company,
which does business in New Jersey and
Pennsylvania, to limit it's sales in Brooklyn
hat It had similar agreements with the
%ew Jersey Ice Company, the Berkshire Ice
Company of Massachusetts and with a
large number of other companies n in
dividual manufacturers Of artificial ice, the
termsof which were illegally in restraint Of
,rade and tended to maintain a practical
monopoly of the ice business in this city.
The names of these Il rms and individuals
are mentioned in the complaint.
One Of these agreements which the At
toney-General cites as a type of a network
OF Objectionable contracts was with the
Nurtha-R isley- Schildwacther Ice Company.
Il covers three years from May "a, 1904. and
stipulates, says the complaint, that the
Schildwachter company would not sell ice
10 any one OF the drivers who now are or
who hereafter may be employed by the
defendant, either while said persons are in
the employ of the defendant or after their
connection Herewith shall have been sew
cred, except upon and with the written con-
nent Of said defendants 80 to do; that the
said Murtha-R isley -Schildwachter Ice Com
psny shall not acquire other or additional
bridges for the sale or handling Of Ice and
that II will not canvass or attempt to ac-
quire any Of the trade held, served or sup
Piled with ice by the defendant during said
term, and in and by said agreement this de-
fendant agreed with the said Murths-Ris-
ley-Schildwachter Ice Company that during
the said term IL would not canvass the
trade Of the said Murtha- Risley-Schild-
Hachter Ice Company, except at h price
TO he agreed upon by both parties"
AttOrney-General Mayer declares that Of
the c~ompany's capital stock Of sIS, 600 90
there are tangible assets for only SIS, 1000 600
The rest being credited on the company
looks 10 good will"
President Oler OF the American Ice Com
nany declared yesterday afternoon that
he complaint WAS full OF absolute mis-