Omaha daily bee., 1906-10-02

or prejudice them IN cases in which they
may be called. hope the jurors will re-
frain from talking to any such persons II
there are any such"
This will be a light week in court. Out
side of the criminal branch 1t is not prob
able any jury cases will be called until
next Monday.
The Ak-Sar- Ben carnival and sitting of
the supreme court at Lincoln make such
demands on the time of attorneys that II
will be practically impossible to get them
in court. Judge Sutton intends to grind
taway on criminal cases as fast as possible
in order to clear the jail of its surplus
population.
Among the cases to be tried are these
James Gallagher, grand larceny; May Glib
son. larceny from the person; Walter
Scott, grand larceny; II Ishaido. shooting
with intent to kill; Joe Murphy. robbery
Anton wezsiowski, manslaughter. The
cases will be taken up as rapidly as
| possible.
| Judge Discusses Trust Laws.
In his instructions to the grand jury
Judge sutton enters into an exhaustive
discussion of the trust laws and their APP
| plication to combinations. He holds that
every person has the right to buy COM
| modities at a price fixed by the law Of
| supply and demand and uniniuenced by
| agreements among dealere Any contract
| which removes the price from the influence
OF competition he holds TO be in violation OF
| the law. The introduction to the instruc-
| lions on this question Is as follows
The court instructs the grand jurors that
competitors, free and unrestricted, is the
| raaIa NvH Oh ell
ordinary business pursuits and transactions
| Of life.
stronger competitor may crush out the
| weaker; fluctuations In prices may be
caused that result In wreck and destruction;
| yet, balancing the benefits as against the
evils. the law of composition remains as a
controlling element in the business world
OF c =" Is. howeSer. to lower prices.
and to thereby increase the demand for
Commodities, the supplying OF which In
first and direct effect is to prevent this
display Of competitions Restraints. instead OF
The people have a right to the necessaries
and conveniences OF life at price de-
termined by the rule ofisupply and demand;
agreement or combination whereby that
price Is removed beyond the salutary In
for the purpose OF restraining or controlling
prices OF merchandise, are monopoIes; and
the grand jury should indlct all persons
VINO are OpcTdlHB DuSihSS7 ~
In dealing with coal. coke. lime and
cement, the question for you to decide e,,i Is,
restraint of trade?
Coal, coke, lime and cement are i'm
portant commodities in the business world:
and 1t is Important that the large dealers
do not take advantage, of the small: II is
equally important. to the people that no
Of these commodities. should exist.
II 1t has been established. by competent
evidence that the dealers nave oont hscb
either coal coke, lime. or cement is to be
sold. and are acting upon SAID agreement,
ip IN restraint Of trade, no matter whether
the price is reasonable or unreasonable;
and any person or persons entering into
promptly indicted.
II Il has been established by competent
tail dealers are selling either coal, coke,
lime. or cement to other dealers, either
wholesale or retail dealers, on condition
that said coal, coke, lime or cement is to
be resold at a certain fixed price, and said
coal, coke, lime OF cement Is sold persuant
Instructed that such contract or agreement
Is in violation OF law and In restraint OF
trade; and any person; persons, company or
such agreement should be promptly in
dicted by you.
Ice and Lumber Trusts.
The instructions in regard to the Ice trust
investigation are substantially the same as
those relating to the coal dealers with the
addition of this paragraph:
II IL has been established by competent
evidence that the dealers In ice. by contract
or agreement, divide the ice consumers
into districts. and agree to deliver ice only
said contract OF agreement. and said agree
ment was kept and performed. then any
and all persons entering into and carrying
out said contract or agreement would be
operating I'm restraint OF trade, and each
and all should be indicted.
In the section relating to the lumber
dealers Judge Sutton directs that II there
is an agreement that certain firms handle
only certain kinds Of lumber and the agree
ment is being carried out. or il there Is an
agreement to prorate profits among the
dealers or any understanding that would
interfere with natural supply and demand
there has been violation Of the law and
indictments should be returned.
The instructions regarding meat and pro-
visions dealers relate only to combinations
to fx prices. either wholesale or retail
Fire Insurance Companies
With respect TO FIRE insurance companies
the instructions are as follows;
In investigating the FIRE insurance CON
panies you should ascertain whether or no
there is any combination between the mr.,
Insurance companies or their agents as L
the rate 70 be flxed in Douglas county o.
In any subdivision thereof. and, II yol
md that the IRE insurance companies hav,
established a tire limit by agreement o.
have divided the city up into districts b.
agreement and charge, by agreement
fixed rate In one or all OF the districts Il
Douglas county, and II you further hn'
that they are operating In a manner calcu
lated to hamper free competition In writing
fre Insurance, then you are instructed tina
said hre insurance companies, ana thei
agents, are operating in restraint OF trade
and each and all Of them should be indictes
by you.
Ak-Sar-Ben Visitors
Can have mail addressed 10 The Omah