The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-05-12

that tho witnesses must testify be hled.
Judge Sanborn ordered the mandate filed,
The witnesses then appeared before the
United States examiner and offered to tcS-
tfy The defendants then withdrew their
answers. Mr.. Kellogg announced that the
Government did not care TO examine the
witnesses and moved for decree In favor
OF the Government. Judge Sanborn or
dered that the decree be entered for the
Government for the relief prayed and that
the decree should be settled on June l6,
and the proceedings were adjourned
Paid for Their Contempt.
The three witnesses who refused to tes-
tify, namely. G. l. McNair. Of the North
western Paper company, A c. Bossard'
Nelson. OF the Henncpin Paper company.
paid into court the 800 fine assessed
against each for contempt Of court for re- G.
fusng TO answer the questions put TO
them at o former hearing.
Brought Year Ago.
Suit was brought b.. Frank b Kellogg
and James Beck special assistant nttor-
neys-general of the United states on be-
half of the United States against the Cen
eral Paper company and twenty-three pa
per manufa curing corporations in Wis
consin, Minnesota and Michigan a little
over a year ago.
Allegations of Complaint.
The complaint alleged that the defend
ants in violation of the provisions OF the
provisions OF the sherman act entered
| into an agreement. combination and con-
| spiracy with each other to restrain trade
| and commerce among tho several states.
and to control, regulate and monopolze
| said commerce, and that this was accom-
plished by organizing the General Paper
company OF Chicago, with capital stock
! OF $4,000, divided into $1,000 shares OF 500
/ each which stock was divided among the
! paper manufacturing corporations in the
| Or roportion OF their average daily output
| OF paper, that each of the corporations
| thereupon entered into contract making
| lJaDcT company Its exclusive
! selling agent
Volun,inous Testimony.
Tho defendants filed answers and testi-
mony was taken for several months, most
/ of the facts showing a combination was
| elected from the officers of the various
! defendant companies. Finally the de-
| fendants refused to furnish any further
| testimony OF TO answer any questions on
the ground that the testimony would tend
| to crimInate the witnesses and the cor
| nora tionS and on tho ground that the
! testimony was irrevelant and lmrhaterlal
The case went to the supreme court oI
the United States and was there argued
on the End OF January, inn connection with
the tobacco cases.
Not Exempt From Answering.
In both the paper case and the tobacco
case the question argued and decided was
| that witnesses were not exempt from
answering on the ground that the testi-
mony would tend To Incriminatc the cor
poratIons. The Supreme court held that
the evidence was clearly material; that
tho bill OF complaint charged an unlaw-
ful combination and conspiracy. and that
the testimony tended to show II
Had to Submit.
The decision in this case really left
nothing for the defendants to do but 10
submit to Judgment and today they ap-
pcarcd in court withdrew their answers
and thereupon judgment was ordered for
the Government. as prayed in the bill OF
complaint.
Victory for Government.
This is q complete victory for the Gov
ernment The price OF paper at the time
this suit was brought was from 81 % tc
So As per hundredweight. The bringing OF
this suit already has had the effect OF
reducing the nrico OF pnper to about 81 %