The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-09
DO0MS THE TRUST
The United States Circuit Court
Issues a Decree
Calculated to Put Drug Com
bine Out of Business.
EVERYBODY ENJOINED
From Doing Any of the Things
Which Make Tt Possible
To Regulate the Prices of Drugs
and Medicines.

AA0AoAAqpOllS, 1nQ., May -Itl0 81
called drug trust was perpetually en-
Joined today from continuing its oper-
atoms by the entering of a decree in
the United States circuit court for the
district of Indiana on the complaint of
the United States government, filed by
Joseph B. Heating, United States dis
trict attorney.
The defendants, 80 in number, who
are the members, officers, directors,
agents and attorneys of the National
Association of Retail Druggists, the
National Wholesale Druggists associa-
ton, tri-partite proprietors, 'black list
manufacturers direct contract propri-
etors, Wholesale contract proprietors"
and Charles c. Bombaugh, are perpetu-
ally enjoined from combining and con-
spring to restrain trade in drugs, fix
prices by agreement, black list retail
erS who cut prices, or to refuse to sell
to any retailer on equal terms. All
publication of black lists is forbidden
and all contracts and agreements COW
cred by the charges are declared void.
The director contract serial number
plan is prohibited as well as the secur-
ing of the adoption of schedules for the
sale of drugs.
Charles c. Bombaugh was charged in
the bill of complaint with being en-
gagged in printing and circulating lists
called black lists which contained the
names of druggists throughout the
country who sold proprietary articles
which the alleged combination ordered.
AS charged, he would send a list each
month to every retail and wholesale
druggist in the United States who be-
longed to the association of those ac-
cused of cutting prices and as a re-
suit of this these aggressive cutters"
as they were called could not buy goods
1t was further charged that those ac-
x@F NV ~iafa
medicines were unable to purchase any
kind of drugs from the members of the
several associations. All such prac-
tees are perpetually enjoined.
The decree entered today was dicta-
ted by the government attorneys and
agreed to by the defendants. With the
entering of the decree the litigation
came to an end with complete vic
tory for the government.
The decree provides that the de-
PENDANTS and each and all of them,
their directors, committees, agents,
employees, servants and all persons,
acting under or through them or In
their behalf or claiming so to act, or
affiliated or associated with them, are
perpetually enjoined, restrained and
prohibited from doing any act in pur-
suance of or for the purpose of carry
ing out the combination, conspiracy
and agreement in restraint of trade
and commerce and from monopolfz-
ing said trade and commerce, as al
legged in the bill of complaint.
That the National Association of
Retail Druggists and all members, Of
ficers, directors, committees, agents,
servants, and attorneys of the associa-
ton are perpetually enjoined from,
by promises, threats, ridicule or dis
elimination, inducing, forcing, or
compelling any manufacturer of pro-
prietary articles and medicines, drugs,
m dicines, pharmac eutical prepara-
tons, surgical supplies, plasters or
contract, agreement or understanding
in furtherance of the combination
and conspiracy, as alleged in the bill
regarding or relating to the articles
facture, and from inducing, forcing
or compelling any such manufacturer
to adopt any plan for marketing the
article of his or its manufacture in
furtherance of the combination and
conspiracy as alleged in the bill, and
from Issuing, causing to be issued or
aiding in any way in the publication
of lists or other documents purport
ing to contain the names of persons,
or partnerships adher-
ing or not adhering to their contracts,
or maintaining or refusing to main
tain prices and, in furtherance of the
combination and conspiracy alleged
in the bill, from securing or aiding in
securing the adoption and from aid
ing in enforcing the maintenance of
any schedule for the sale of articles
and commodities by the retail dealers
Of any market to the consumers of
said market, and all such lists, docu-
mentS, schedules. contracts, agree
ments and understanding are hereby
declared unlawful.
And it is ordered that the last
named defendants, and all members,
employees, committees, agents,
and attorneys of the Ma
tional Association of Retail Druggists,
and each and every one of them, do
forthwith release each and every
of proprietary articles
pharmaceutical preparations, surgical
supplies. plasters and druggists sun
dries from every such contract, agree
ment or understanding in furtherance
of the combination and conspiracy
as alleged in the bill regarding or re-
lating to articles and commodities of
his it's manufacture and do forth
with release every such manufa cturer
from every such agreement or under
as the adoption of any plan
for marketing the articles of his or
it's manufac tures and that said last
named defendants and all other mem
bers, officers, employees. committees.
agents, servants and attorneys for the
National Association of Retail Drug
gists shall not on their part perform
any such contracts. agreements, or
regarding or relating
to said articles and commodities.
1t is further ordered that said defend
ants do forthwith recall any and all
such lists. documents and publications
and do forthwith annul. cancel and set
aside any such schedule of prices in |
whose adoption, maintenance or enforce |
ment said defendants or any of them in
any way participated. pursuant to or in |
furtherance of the conspiracy as alleged |
in the bill of complaint.
Paragraphs are Incorporated in the |
decree entering the same perpetual in
junction against the National Wholesale ]
Druggists association, Charles c. Bonn |
baugh, tri-partite proprietors, and |
BLACK list manufacturers"
The defendant. Charles c. Bombaugh, |