Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-07-17
ATTACHMENT FRIDAY
INDICTED ICE DEALERS TO BE
CALLED UPON TO PLEAD.
Failure to Charge Overt Act-Com-
ment Regarding Suggested Pro-
ceedings for Injunction.

After consultation with Justice Gould.
who will preside in the Supreme Court OF
the District during the next two weeks in
place of Justice Anderson. who is travelling
in Europe. United States Attorney d. W.
Baker today announced that the American
Ice Company, the Chapin-Sacks Manufac-
turing Company and Samuel A. Kimberly,
George F. Hoover. Arthur A. Chaplin and
Samuel c. Redman. indicted for violating
the Sherman antitrust law. will be ar
raigned next Friday morning The defend
ants. 1T is understood. will enter plea OF
not guilty. Counsel for the defense, how
ever. will ask leave of Justice Gould to
withdraw the plea and file a demurrer to
the indictment within a specified time, pro-
vided they are of opinion that the allega-
tons of the Indictment are defective
Some criticism has been made that the
indictment of the alleged ice trust does
not charge an overt act
Such allegation is unnecessary"
prominent lawyer said today. because the
Sherman law aims to punish the unlawful
conspiracy, and its wording is confined to
the agreement between the persons charged
only. In an indictment for conspiracy
under section $40, under which the post
office cases were tried, 1t Is fatal not to
aver an overt act, because the section states
that any person who conspires to defraud
the United States and does anything in
furtherance thereof, ETC., shall be punished
Necessary Part Of Crime.
The overt act is necessary part of the
crime under section $40, but under the
Sherman law a conspiracy in restraint of
trade is punishable as soon as the parties
have formed an agreement
Why does not the United State attorney
ask the Equity Court to enjoin the alleged
ice trust from operating under the al
leegd agreement of April 20? is question
being asked by some persons interested In
the ice situation. The answer is said to
be that the United States attorney after
giving careful consideration to and consult
ing with the Attorney General in regard TO
the Ice situation when he began his investi-
cation, decided that the best method of pro-
cedure lay in an Indictment. The impris-
onment which would likely follow a conyic-
ton, it was thought, would have a deter
rent effect and bring about more satisfac-
tory results than proceedings for an in
junction.
To secure a temporary injunction 1t would
be necessary to file affidavits of some of the
independent dealers, and the defendants
might deny the existence OF any such
agreement, and otherwise swear away the
equities of the bill, and there would be no
permanent injunction issued by the court.
No court Of equity could set a price at
which ice could be sold, and the situation
would be in no manner relieved.
These and other considerations, II IS UNI
derstood determined the United States at
torney to have recourse to the indictment
under the Sherman antitrust law.
No Additional Arrests.
The results of the active campaign against
ice dealers which has been waged by the
sealer of weights and measures of the Dis
trict and his assistants, Messrs. Howe and
Schoenthal, were shown in the Police Court
today. Not case of alleged violation of
the weights and measures law. so far as
the sale OF ice was concerned. was pre-
scented to the court, the record being clear
for the first time since the campaign was
started.
The inspectors have been very active in
watching the ice wagon drivers, and have
taken many of them into court. Further
1t has been intinated that those who are
arrested hereafter. after week of warn
ing, Will be required to deposit collateral In
a substantial sum instead of the small
amount demanded heretofore.