Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-04-13
o an unlawful trust as defined by statute

to an unlawful trust as defined by statute
Of Nebraska.
except herein otherwise stated, show any
agreement, combination or conspiracy TO
monopolize any part Of the trade and com
merCe Of the state of Nebraska.
8. The defendants, except as herein other
wise stated, were not at the date Of the
commencement Of this action. guilty of
monopoizing any part OF the trade and
commerce of the state of Nebraska.
Z. The unlawful combination between the
defendants, the Barnett Lumber company
and the w. c. Billiard Lumber company
mentioned in the accompanying findings of
fact is presumed to have continued until
the date of the commencement OF this ac-
ton, and the state is entitled, as against
said defendants, to judgment as prayed in
g. Except as to the defendants last above
named the petition should be dismissed.
Some who Are Guilty.
The report of the referee starts off by
repeating the articles Of association insofar
as they relate to the case in question and
states that although the articles were not
signed except as specifically set out, the
to the rules Of the association. Discussing
the defendants, the w. c. Billiard Lumber
company and the Barnett Lumber com,
pany, interpretations engaged In the retail
business at McCook, the referee states the
evidence shows they combined for the
purpose of controlling prices and trade in
that community. There is also evidence
tending to prove combinations for like pur-
poses by certain defendants, and by certain
] defendants ana strangers TO THIS record III
the counties of York Seward and Cass, but
each and all of such combinations were and
! are confined to local dealers only ana the
evidence fails to connect the Nebraska
! Lumber Dealers association or other de-
PENDANTS with such combinations or either
/ thereof
! Except as otherwise stated, the evidence
| fails to prove any agreement, combination
! or conspiracy by all or any Of the defend
ants to pool profits, to regulate prices of
! building material, OF for the division OF
! territory for the purpose of trade; and the
! claim of the state is predicated wholly
| upon the alleged unlawful combination or
agreement OF defendants to drive out of
| business wholesalers and manufacturers
dealing directly with consumers and to
! prevent such wholesalers and manufactur-
ers from dealing directly with consumers.
The referee says the evidence failed to
prove the existence OF any rule for the
furnishing of information where a whole
saler dealt with the consumer or any pen
atty II such manufacturer or wholesaler
did deal with consumers.
The evidence showed, the referee said
the members OF the association except as
stated, were In competition with each other
and were not organized to control or re-
strict trade or control prices.
Section y OF the report says:
The following named defendants, towit
The s. A. Foster Lumber company, me
Searle and Chaplin company, George A
company. and Thomas Ostergard & Co
are not and were not, at the date Of the
commencement OF this action affiliated with
the Nebraska Lumber Dealers association
Judge Post in his report speake OF tn,
association amending its articles of associa
ton in order to comply with the anti-trus
laws Of the state.