The Montgomery advertiser., 1906-05-26
INDICTMENTS ARYRETURNED Fertilizer Trust is At
 tackled. VIOLATED SHERMAN LAW Bills Against Manufacturers and
 Companies. United States Court Sitting At Nash vilIe Closes investigation of Alleged Combine of Guano
 People Against Farmers.


 Court which has been Investigating the alleged fertilizer trust. for the past four weeks. concluded it's investigation yesterday afternoon and returned in open court this morning an indict- ment against about eighty fertilizer manufacturers, including a number of local men.
 The indictment contains six counts detailing in specific form alleged vio- lations of the antitrust laws. and charging the defendants with combin- ing and being engaged in trust or combination.
 The defendants live in various parts of the country where fertilizers are manufactured and certified copies of the indictment will be sent to the various districts in which the defen- dants reside and there served. The de- fendants will be required to execute bonds for their appearance at the Oc- tober term of the court in this city. when the cases are to be tried.
 The grand jury examined during the investigation 140 witnesses. and tho in- dictments returned Is a voluminous document.
 Following is a list of the individuals indicted as officers agents or attorneys of the accused corporations and firms:
 Samuel T. Morgan, president: Fort esque Whittle, vice president: Frank P. Dancey and Frank c. Wilcox, managers and agents of the Virginia and Caro- lima Chemical Company, J. Rice Smith. agent of Virginia Carolina Chemical Company and president of Georgia Chemical Works, Austin B. Carpenter and Charles H. McDowell, managers and agents. and Charles c. Wilson, agent and attorney of Armour and Com pany; Fred c. Brown, president and treasurer of Anderson Phosphate and oil Company; Frank Burbridge, presi- dent and William J. Mccormack, treas urer of Eterman Fertilizer Company: George Braden, president of Federal Chemical Company Of DeIamare and Kentucky; Augustus D. Adair, and James D. McArley, officers and agents of Furman Farm Improvement Com pany, and members of firm of A. D. Adair and Mccarthy Brothers; William De C. Kessler. secretary and treasurer of GouIding Fertilizer Company. Lmi- ted; James c. Tinsley. president of the Marietta Fertilizer Company and vice president of Tennessee Chemical Company: William D. Rhea, general manager of Nashville Fertilizer Company; William I. Peel. president of the Old Dominion Guano Company; A. B. Reed. vice president and general manager and Issac Mayo Reed, agent of Read Phosphate Compa- ny: Frank s. Royster. president and Charles F. Burroughs, vice president of F. S Royster Guano Company; A. J. Ives. secretary and treasurer of Sa- vannah Guano Company. and member of firm of Wilcox, Ives and Company; T. Porter Fleming, vice-president of Southern States Phosphate and Fer tilizer Company. and T. Garland Tins ley, president and treasurer of Tennes- see Chemical Company.
 Corporations Indicted.
 The following firms and corporations were indicted: Virginia-Carolin Chemical Company of New Jersey; Ar mour and Company of Illinois; Acme Manufacturing Company of North Car olina; Alabama Chemical Company of New Jersey; Anderson Phosphate and oil Company of South Carolina; Ashe- poo Fertilizer Company of South Car olina; Blackshear Manufacturing Com pany of Georgia; Etiwan Fertilizer Company of South Carolina; Federal Chemical Company of Delaware. Fed eral Chemical Company of Kentucky; Furman Farm Improvement Company of Georgia; Goulding Fertilizer Com pany, Ltd, of Great Britain and Ire land Goulding Fertilizer Company of Florida Gulfport Cotton oil Company of Georgia; Home Mixture Guano Company of Georgia; Jackson Fertili- ger Company of Mississippi; Marietta Fertilizer Company of Georgia; Merld- ian Fertilizer Company of Mississippi; National Fertilizer Company of Ten nessee; New Orleans Acid and Fertil- izer Company of New Jersey; Old Do- minion Guano Company of Georgia: Planters Chemical Company of Ala bama; Read Phosphate Company of West Virginia; F. s. Royster Guano Compaeny of Virginia; Savannah Gu ano Company of Georgia Southern States Phosphate and Fertilizer Com pany of Georgia; Standard Chemical and oil Company of Alabama; Stan dard Guano and Chemical Manufactur- ing Company of Louisiana; Swift and Company of Illinois; Tennessee Chemi- caI Company of Tennessee; Tennessee Valley Fertilizer Company of Ala hama and firms of A. D. Adair and Mccarthy Brothers, and Wilcox, Ives and Company, formerly carried on bus mess in North Carolina. South Caro- lima. Georgia, Florida, Alabama. Mis- sissippi, Loalsldna' Arhahsas ana
 The attorney for the defendant u,ere present in court this morning when the indictment was returned and immediately after they held consul tation as to what should be the course to pursue in regard to their defense.
 Four weeks were taken up in the investigation and during that time 14O witnesses were examined. The cost of the investigation was about s7.500.
 Conspiracy Charged.
 The six counts in the indictment are in A double series of three each. The first charges the defendants with en- gazing in a conspiracy; the second counts charges the defendants with conspiracy and the third with conspir- ing under Section $40 revised statutes to commit the offense of engaging in a combination as defined by the Sher- man law.
 The punishment under Section $40 is two years in prison and $10.O0O fine. The third count Is new In form in procedure. It charges the commit ting of offense against the United States of engaging in a combination in restraint of trade as defined and prohibited by the Sherman act.