The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-11-06
SEEKS BIC DAMAGES
FROM ]. A. VAN H0OSE
H. G. CIabaugh's Charges
Against GrocerS' Association
WOULD RECOVER $4,000
In His Bill He Alleges He Was Forced
Out of Business Because of Asso-
cations Unlawful In
reference.
WOULD RECOVER $4,000

hinton G. Clabaugh. plaintiff. VS..
James A VanHoose, defendant" is the
title of a suit for $4,000 damages filed in
the circuit court yesterday afternoon. The
suit is in effect against the Southern
Wholesale Grocers' association, but in
asmueh as there is no provision made in
Alabama for suing an unincorporated
association, it was filed against Mr.. Van
Hoose, who is president of the associa-
ton
The suit filed yesterday is the first le-
gal step taken in one of the most sensa-
tonal fights of many day. 1t will be
recalled that Mr.. Clabaugh's fight on the
Southern Wholesale Grocers association
materialized a few weeks after the Age
Herald's campaign for lower prices on
groceries In Birmingham.
The bill of complaint in the suit filed
contains number of quite interesting
charges 1t is averred first of all that the
plaintiff was forced to discontinue his
pursuit of the wholesale grocery business
by the unlawful interference of James
A. VanHoose, or of the Southern Whole
sale Grocers' association" 1t is further
averred that the association was a trust,
pool or confederation to regulate or fix
the prices of commodities.
Six Counts In Complaint.
The complaint is condensed In general
and comprehensive terms. 1t contains six
counts. Each count AYERS that the plain
tiff began the wholesale grocery business
about January 1, 1908, originally in part
nership with J. E. Walters and w. r.
Crow and that this business was contin-
ued by that firm or by plaintiff until Sep
TENDER ], 1908, when plaintiff was finally
forced to discontinue, by the unlawful in
reference James A. VanHoose or of
the Southern Wholesale Grocers' associa-
ton.
1t is averred that this interference was
without legal cause or excuse, and that
it prevented plaintiff from purchasing the
necessities of life and commodities of
general use or consumption by the people
of Alabama. Many charges of illegaity
are made against the Southern Wholesale
Grocers' association.
Among illegalities in other respects it
is contended that the association was an
unlawful trust, combine or mopopoly, in
that it operated in restraint of trade, or
was in effect a pool. trust or confedera-
ton to regulate or fix the prices of COM
modities to be sold or produced in the
state of Alabama, or in that it restrained
or attempted to restrain the freedom of
trade or production, or monopolized or at
tempted to monopolize or control the sale
of commodities or the management of the
wholesale grocery business, or in that it
attempted to destroy competition or to
interfere with the pursuit of lawful
business.
The plaintiff claims damages for the
loss occasioned to him by the cancellation
OF numerous contracts alleged to have
been brought about by defendant, Van
Hose, acting as the agent of or aiding
and abetting the said Southern Wholesale
Grocers' association" and also for the
loss of time and expense entailed by the
destruction of plaintiffs business. Punl-
tive damages are also claimed for the
wanton preparation by defendant of the
tortious acts complained Of
Mr.. Clabaugh, when interviewed about
the case yesterday afternoon, stated that
the matter is now in the courts and that
he did not care to make any statement as
to details or to discuss the merits of the
case other than to say that he was fully
nrepared to substantiate the averments OF
the complaint.
Comments on Organization.
When asked particularly why suit has
been filed only against James A. Van
Hoose individually, he said:
"Well, there were several reasons Tor
that. 1t seems that no provision Is made
in Alabama for suing an unincorporated
association In addition to that good
many of the manufacturers. like many OF
the members of the association itself, join
or conform to its requirements under
duress.
Mr.. Van Hoose always takes occasion
to state that it is one of the most pow
erful.. if not the most powerful, CONNER
cial association in existence. Its displeas-
ure is fatal to the sales of any black
listed or non-lsted manufacturer in the
southern states handling the commodities
the association deals in.
'As for the independent wholesale groc-
ers they are expressly referred to me as
an instance of the destruction which must
overtake any wholesaler who gets in the
way of this juggernaut For this reason
practically no wholesaler is doing BUSH
ness in the south as an Independent deal
er. and many of them have become al
-, ,,,,,h +ha asSooiotiop ipvo1iintarilv
recognizing Its Illegal methods.
ION this account | saw no reason fer
br nging the members of the association
into this suit. Mr.. Van Hoose is prac-
tically supreme in carrying on its opera
tons He is mainly, If not solely, re-
sponslble for the condition that exists,