Omaha daily bee., 1906-09-23
Outing Flannels in Basement

and state Of Nebraska that said Defend
ants falsely pretend 70. be in competitions
with each other in said business. -Ha
Third-That said defendants are now and
for several years last past have been ina
tentionally, ;. wilfully and unlawfully com
bintng. Consulting and conniving -together
andsswith each other and with other per,
sons and corporations. unknown TO the
plaintiff. for the purpose OF restraining
trade and commerce II coal, coke, iIne,
to monopolise said trade and commerce.
WITHIN SAID county Of ana d,xS
ing among themselves the said trade and
commerce in said cities in said county OF
ties within said county of Douglas. and for
the purpose of fixing the ci1ces at which
they would sell to the public coal coke,
the purpose OF preventing competition
among coal dealers, and for the further
purpose Of destroying competition and driv-
OF business. All OF which was wifuly and
unlawfully done by said defendants To the
end that they and each OF them might
merce. and that they and each of them
might enjoy unreasonable and unconscion-
able profits from the operation Of their
bination, pool and conspiracy aforesaid,
said defendants are now and have boon
and fix the prices Of coal, coke. lime, ce-
ment and building supplies generally
throughout, the county OF Douglas state
merce In said commodities and to destroy
competition and drive out all business
competitors In said business.
Goal Exchange" Maintained.
Fourth-That the said defendants and
each OF them, for the purpose OF carrying
out the conspiracy. combination trust here
inbefore alleged, and as IN aid in the
said unlawful undertaking against what Il
known as the Omaha Coal exchange ana
the South Omaha Coal exchange, Which
associations haveuheir headquarters In the
city OF Omaha, county OF Douglas and state
county OF Douglas and state OF Nebraska,
and said exchange holds meetings at suoh
times as may be called by, the officers
thereof. That s. z. Howell is now presi-
dent OF the Omaha Coal exchange and
that the defendant. Henry 4. Ostrom, is
secretary Of said Omaha Coal exchange,
That the ofieers OF the South Omaha
city OF South Omaha. douglas county, Ne
braska, and are unknown to the plaintiff,
and therefore cannot be alleged Ia this
|, EifvhIThat va addition 10 the oficers
named there are other officers OF such as
ISOLATION which are to this plaintiff UNI
able-tO alleee the same In this petition.
That the business affairs of said assoeia-
ton arg corductsd by said ofneers IN S &C.
members OF said association. That ac-
cordiAg 10 the rules and understanding be
tween said defendants, and all OF them,
any persons or corporation cannot become
a member Of said association unless he or
L IL regularly engaged IN the retail OF
wholesale OF COAL coke, lime. cement OF
building supplies. That 40 other kind OF
retail or wholesale coal, coke, etc:, is elligi-
BILE TO membership In said association. That
each member Is required by the rules OF
said association TO pay in advance annual
dues or assessments for each place Of bust
ness operated by II or him. s
That the defendant Henry +. Qstron, as
secretary OF said Omaha Coal exchange
has in his custody and controlgNll OF the
correspondence, documents contracts, rec
ords and rules of said association, which
plaintin believes. Will disclose the true pur-
pose Of said association and viii disclose
the unlawful business OF the members
thereof alleged In this petition. That the
plaintiff believes that unless restrained BY
the order OF this court the said defendant
Henry h. Ostrom, will conceal destroy
transfer or In some manner dispose OF said
correspondence. records and rules OF said
association
sixth-That the oncers OF the Omaha
Coal exchange and the South Omaha Goa
exchange, the true names Of whom are un.
known TO these plaintfs, have in their
custody and control all the correspondence
documents, contracts. records, rules OF
will disclose the true purpose OF said as,
ISOLATION and will disclose ithe unlawful
dolnKs and undertakings OF sthes members
thereof alleged In this petition. And plain
tin further believes that unless restrained
by the order OF this court the said 0f1csrs
OF the South Omaha Coal exchange viii
conceal. destroy. transfer OF IN some way
contracts. records and rules OF said associs-