Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-07-12

ryinE on and conducting the SAID business
Of the said American Ice Company ana OF
the said Chaplin Sacks Manufacturing
Company and OF the said dealers in Ice
in carrying on and conducting their
said business as aforesaid on ana oeiore
the day last aforesaid, were engaged IN
trade and commerce in the District OF Co
Iumbia within the meaning OF section
three of the act of Congress approved On
the I'd day of July, in the year OF our
Lord 1890. and entitled An act to protect
trade and commerce against unia re-
straints and monopolieSi and that the
said dealers In ice and the said American
Ice Company on and before the SAID 2otn
day of April. in the year aforesaid. did
conduct their said business of selling ice
direct to the consumers thereon ooth at
Wholesale and at retail in competition
with one another. and did sell the said
ice at competitive prices, which In many
cases were less than % cents per 100
pounds In sales at wholesale, and which
in many cases were less than 40 cents per
100 pounds in sales at retail. and would
thereafter have so conducted their said
business but for the unlawful contract
combination and conspiracy in restraint
of the said business. trade and commerce
in this indictment hereafter mentioned
Total Volume of Business.
And that on and before the said 10Th
day of April in the year aforesaid, of The
tctal volume of such business, trade and
commerce then so being carried on by The
Sdlu american ice 1OllipdIly anu TIC SSs4A
Chapln-Sacks Manufacturing Company and
their competitors. the said American ice
Company and the said Chapin-Sacks Man
ufecturing Company together had and con-
troiled the principal part that is to say. 30
per cent thereof; and that the said Amerl-
can Ice Company and the said Chapin-S achs
Manufacturing Company on and before the
said 10Th day of April in the year afore-
said did conduct their said business of sell
ing ice TO said dealers in competition with
oh nj a nd oh q ND
after have conducted the same but Tor
the unlawful contract. combination and
conspiracy in restraint of the said business
trade and commerce in this Indictment
hereafter mentioned.
And the grand jurors aforesaid. upon
their oath aforesaid. do further present:
That the said American Ice Company,
the said Samuel A Kimberly the SAID
George f. Hoover and the said Chaplin
Sacks Manufacturing Company, the said
Arthur A. Chaplin and the said Samuel T.
Redman, on the said 10Th day of April. in
the year of our Lord 1906, and at the DIS
trict aforesaid unlawfully did knowingly
contract. combine and conspire that they,
the said American Ice Company and the
said Chapin-Sacks Manufacturing Com
pany. would thereafter charge the same
price for ice which they or either of them
should sell TO the said dealers in ice or to
any OF either Of them; and that they the
said American Ice Company and the said
Chapin-Sacks Manufacturing Company.
would not nor would either Of them, there
after sell ice to any of said dealers IN Ice
who should thereafter sell ice al wholesale
at less than - cents for each leo pounds
thereof, or at retail at less than ~
cents for each 100 pounds thereof; ana
that they the said American Ice Company
and the said Chapn -SackS Manufacturing
Company. and the said Samuel A. Kimber
" George +. Hoover. Arthur A. Cnapln
and Samuel c. Redman, did then and there,
by means of said contract, combination ana
conspiracy, prevent and destroy competition
between them. the said American Ice Com
pany and the said Chapin-Sacks Manufac-
turing Company as TO the prices at Wlich
ice should be sold by them or either OF them
To said dealers in ice. and did prevent ana
destroy competition between them. the SAID
dealers in ice and the said American Ice
Company as to the prices at which ice
should be sold by them, the said dealers IN
ice and the said American Ice Company 10
the consumers thereof. both at wholesale
and at retail, and did thereby restrain the
said business trade and commerce or them,
the said American Ice Company and the
said Chapin-Sacks Manufacturing Company
and the said dealers in ice in the District
aforesaid.
In Restraint of Trade.
And the grand jurors aforesaid. upon
their oaths aforesaid. do say that the said
American Ice Company, Samuel A. KIM
berlv. George F. Hoover, Chapin-Sacks
Manufacturing Company, Arthur A Chaplin
and Samuel c. Redman. in the manner and
form and by the means aforesaid, on the
said Goth day of April In the year afore-
said. and at the District aforesaid. unlaw-
fully did knowingly make a contract and
engage in a combination and conspiracy in
restraint of trade and commerce in the Dis
trlct OF Columbia aforesaid against the
form of the statute in such case made and
provided and against the peace and gov
eminent Of the United States.
he A1 ax- In no
morning was caused by the desire OF the
grand Jury to hear the testimony OF three
witnesses on whom subpoenas had not been
served in time for them to appear yester-
day.
Names of the Witnesses
The following is a complete list of the
witnesses heard by the grand jury: L. c.
Reynolds. Clarence Idle. John D. Sanders,
w. II. Mari. J. w. AtweH Dennis Common,
William r. Padgett Eugene Liverpool,
Edward NJ. willis. L. p. Steuart, Nicholas
Auth. William J. Capner. John w. Hodg-
kinsou, John r. Ferris, S. Nally, John q.
Allen Thomas J. Nash. Frederick Herman.
Robert J. Bergman. Joseph B. Waters,
Edwin L. Crane. J. French Simpson John
T. Ball, tr.. Charles w. Taylor. James Z.
Donaldson. Walter L. Simmons. John r.
McGaw. Wallace d. Blick. "A J. Guillot,
Edward b. Turtin. Richard Sweeney Wal
ter T. Weaver. William J. Dante. w. s.
Corby. David NJ. Oliver. r. w. Van Deven-
ter and Arthur Smith.
Law Pronounced Meaningless
Judge Mullowny today pronounced
meaningless an act OF Congress passed al
the last session amending the weights
and measures law OF the District. The
ruling was made In the course of the trial
OF the case of Horace L. Cant charged
with selling six pounds of chickens and
representing that 1t was eight pounds
The case was dismissed. Attorney Camp
bell Darlington appeared for the defend
ant. and he made the legal point which
resulted In the ruling.
The part OF the law under which the
case was brought reads as follows: No
person shall sell or ofrer for sale any
where in the District OF Columbia any
provisions produce or commodities of
any kind for weight or measure less
than the true weight or measure thereof"
The attack was on the phrase less than
the true weight thereof" Judge Null
lowny stated that the temptation would
not be to sell something for less than II
actually weighed. but was to sell some
thing for a greater weight than the true
weight. Under the old law, which this
new law was intended to repeal the word
greater was employed
In the case In question. the Information
used the language of the new law. charging
that the defendant sold chickens for
.F.rls sl.za fk,vN f.rta nt.ht Af