Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-09-23
Combine in Douglas County Placed Under
Temporary Restraining Order
JUNCTION ISSUED BY JUDGE TRouP
Petition Filed by County Attorney sla-
baugh Includes Eighty Dealers
CONTROL NINETY PER CENT OF BUSINESS
For Years Have Maintained Monopoly in
Restraint Of Trade.
WEAKER COMPETITORS ARE FROZEN OUT
Complaint Asks for Dissolution OF
Trust and Production of Records
Referee to He Appointed
Monday.

hhu oN ntNOEnn-
Referee to he Appointed
Monday.
On this 22d day of September, 1906. this
cause came on to be heasu ON the petition
of plaintiu for a writ on injunction anu tne
court, having examined SAID petition and
the Iacts therein stated, and after being
luily auNlscu al the premises, IL is oructOd
and adJudged that the various defendants
named ana their agents, clerks, Servants,
employees, attorneys and officers, and eacn
OF them, are hereby commanded and Ill
rected to refrain from in anv manner mo-
nopolizing or attempting to monopollze the
trade, business and commerce in coal, coke
and other fuel IN Douglas county, Ne
braska; and from preventing or attempting
TO prevent competition therein; and iron
unlawfully hxing or attempting to nix tho
price thereof in restraint OF trade; ana
from engaging I'm any agreement contract
or combina tion with one another or with
other persons or corporations OF companies
for the unlawful purpose of preventing or
limiting competition IN the trade, business
and commerce of coal, coke ana other fuel,
and from discriminating in any way against
dealers In coal. coke and other fuel. not
members OF the Omaha Coal exchange or
the South Omaha Coal exchange, and from
creating or carrying out any unlawful re-
strictions in trade business and commerce
of coal, coke and other fuel In the county
OF Douglas, state of Nebraska, until The
further order of this court.
II is further ordered and adjudged that
the defendants, and each of theSn are re-
eiTdlneu from cOnctdllnBs utStIbNNlkt
terring or i'm any manner dsposing OF the
records, correspondence. contracts. docu-
ments, rules, bylaws and other memoranda
in their possession, or in the possession OF
either of them, or i'm the possession of any
other person. touching the business and
doings of said Omaha Coal exchange or
South Omaha Coal exchange and the men,
bers thereof, until the further order OF this
court. and that they and each Of th9In
list OF names of the membership of the
Omaha Coal exchange and the south
Omaha Coal exchange, or other dealers in
coal, coke or other fuel and from pub
fishing the names and lists of wholesalere
who are in sympathy. with the purpose OF
are commanded td refrain from notifying
the members of the said Omaha Coal ex-
change and the South Omaha Coal ex-
change of any sales of coal, coke or other
fuel by any wholesalers to individuals,
whether members or not members OF the
said Omaha Coal exchange and the South
Omaha Coal exchange. until the further
order of court.
the defendants, who are doing business in
Douglas county or in the same city or vil-
lage, be restrained and enjoined from agree
/ ing upon or attempting to agree upon the
price at which coal coke and other fuel
! viii he sold by them to purchasers until
| the further order OF court.
\ This order is to be IN force and effect
on the execution by the plaintiff o.. bond
with good and sufheient surety In. favor
OF the defendants in the sum Of .sl0e.
| when approved by the clerk of the court
Dated this 22d day of September 1906 at
Judge OF the District Court
Upon petition of County Attorney sla.
| baugh this order was issued by Judge
Troup early Saturday morning. The TEN.
porary injunction of the Coal trust in
Douglas county became effective when the
court filed the order. Monday referee
will be appointed to take testimony on both
sides and County Attorney slabaugh will
| xuith at 10 az IN
| the time of beginning the hearing
Regardless of the repeated assertions
through the newspapers by local coal deal
ers that no such thing as a Coal trust ex-
listed in Omaha or Douglas county. Mr..
I Slabaugh contends that not only coal and
| coke trust is maintained hut by the same
operators a trust on 'llme and other build
ing materials is maintained; that this
trust has been in existence for several
| years; that IL controls at least 100 yards and
at least 90 per cent of the coal, coke, lime
| and other building material" business In the
| county: that it fixes and controls prices on
these articles Of commerce and common
use; restricts trade. destroys competition,
while falsely pretending to be competing
with each other" conspires to drive
troll out of business and refuses to dlvuige
it's records for public view.
Eighty Defendants In List
! Eighty defendants are named. They in
clude about all the leading firms and many
not prominent. Victor White. regardless
of his emphatic assertions OF not being a
member of the exchange, is one of the
list; so is the Union Pacific Coal COM
pany John Doe, head of the Ice trust.
who has been riding on the high waves OF
publicity Of late, Incidentally gets In.
County Attorney Slabaugh and his entire
once force have been working hard on
this case a long time much longer than
the time when IL became known Interstate
Commerce Commissioners Prouty would
conduct his investigation. Mr., Slabaugh
has already asserted he has volumes more
and far better evidence thap was brought
out at the federal hearing, though he will
make use of this and each material wit
ness who testified in that inquiry. He
feels certain Of success I'm crushing the
combine that is said TO have dealt so ruth
lessly with coal consumers and independent
dealers for so many years.
A. II. Murdock of South Omaha acted as
bondsman for the plaintiff.
sIabaugh Creates Precedent.
With reference to the petition presented
by him County Attorney Slabaugh said:
|
coal dealers is an unusual proceeding for
county attorney TO take, such matters
being usually left to the attention OF the
attorney general I deem II my duty 10 act
in this instance inasmuch as II is purely
a local AFFAIR, having no interstate fea-
lures and particularly that this Illegal
combination of the dealers should be dis
solved at this time. when everyone Is lay
ing I'm his supply OF coal for the winter.
Il have been working on this case for
Z several weeks and now have in my posses
: sion considerable evidence not brought out
at the hearings before Judge Prouty and
l want TO assure you that intend to push
this case as fast aad as far as possible
intend 70 go into court Monday mornin
and ask for the appointment OF referee
TO take testimony upon completion OF
which will request an immediate hearing
/ ON the merits of the case"
Mr.. slabaugh also sad that the present
. petition was the hrst OF its kind ever Gied
, by a county attorney for Douglas county