The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-09-20
CITY ATTORNEY ON
ALLEGED ICE TRUST
Gives Legal Opinion to the In
veStigating Committee
PRESENT LAWS SUFFICIENT
Quotes Some of the Evidence That Has
Been Brought to the Attention
Of the Committee In
Its Work.
PRESENT LAWS SUFFICIENT

On the question of the alleged Ice trust
in the city, Ed D. Smith, city attorney
has written the following letter to Chair
man Barbour of the investigating conn
mittee and to that letter he has attached
the law on the subject.
The letter Is as follows:
Birmingham, September Is. 1906
Ben F. Barbour. Esq, Chairman Special
Committee in Reference to Alleged Ice
and Plumbing Trusts, Birmingham, Ala.
Dear sir.-At the last meeting of the
board matters in the hands of this conf
mittee were referred to me- as I take
it, for legal advice.
enclose herewith a full statement of
the law in regard to combinations and
trusts In Alabama. This statement of law
you will understand, does not cover the
mater from the standpoint OF the federal
statutes, as l did not think under the
circumstances such investigation would
be necessary. The papers which you SUBJ
mitted to me consisted of a letter from
Mr.. A. M. Smith, in regard to short
weights and incorrect scales, an anony-
nous letter advising you that If properly
investigated, you will find one or more
ice companies of the district receiving
$500 per month for closing their BUSINESS
and not manufacturing ice, and letter
I from the Ice Delivery company of CO.
lumbus, Miss, dated June II. 1906, evil
IDENTIFY to a citizen of Birmingham, In
which 1t is stated that the Ice Delivery
company has an understanding with Bir-
mingham that it would charge the same
prices especially in the Birmingham ter
ritory.
As to the weights and measures and
the ice scales, we have an ordinance which
would probably, If properly enforced. rem
edy this evil The other letters, If they
could be traced down and evidence in
support of them gotten In condition where
1t can be used, might go to show a vio-
lation of the trust laws. See sections 5557
and 555s of the code of IeJ6, as set out In
the statement enclosed where you will
note that it Is made a penal offense to
form pools or combinations to regulate the
quantity or price of products, or to form
combinations TO control corporations with
intent to fix the price or production of
commodities
1t seems to me that the proper func-
ton of this committee would be to make
such inquiries as it can in regard to the
existence of pools or combinations to regu-
late the quantity or price of Ice. and
plumbing material and supplies in the
city of Birmingham and OF combinations
to control corporations with the intent
to fix the price or production of ice, or
plumbing material and supplies in the city
OF Birmingham. and invite all citizens of
the community to come before them at
public meetings. | do not think the COM
nlittee would have the power to compel
the production of the books of corpora
tions, etc but It can perform the very
material and important function, of MAX
Ing start along these lines, and when
the start is mad> lay the evidence OBJ
tanned before the grand jury who have
the right 10 compel the production of
books, papers, etc. and who can COM
plete the investigation which this COM
mittee car begin. II Is true that section
sos of the city code makes any offense
against the general laws Of the state an
offense against the laws and ordinances
OF the city, punishable in the police court,
and the police court would have jurisdlc-
ton OF the matter as an offense against
the city ordinances in case any violation
of the general law was developed. Still,
II this committee can't develop the mat
ter positively the grand jury can do so.
and the ofense Is properly a state Of
Tense. Yours truly, ED ID. SMITH.
City Attorney.
The best half-tone cuts are made by
the Gawk Engraving company. Age
Herald Euildinu