Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1908-08-10
SUITS ARE BROUGHT TODAY
by The Stale, Through Attorney General, Against
The Local Ice Companies, Charging Them
With Being IN a Trust

The following paper was filed in
the district court this afternoon:
The State of Texas VS.. Palestine
Ice, Fuel Gin Co., ct al. In the
District Court, Third Judicial District,
State of Texas, November Term, A.
D. 1908.
To the Honorable B. H. Gardner,
Judge of said court:
The plaintiff herein is the State of
Texas, represented by and through R.
V. Davidson, her attorney general,
Jewel P. Lightfoot, assistant attorney
general and Tom J. Harris, district
attorney, in and for the Third Jul
dicial District of the State of Texas,
acting under the direction and by the
authority of the said attorney general
The defendants are the Palestine
Ice, Fuel, Gin company, the Palestine
Electric and Ice company and Geo.
Pessoney, George w. Burkitt, ST.,
George w. Burkitt, Jr., and w. H.
Hayes.
2. The defendants, the Palestine
Ice, Fuel, Gin company, is corpora
ton Incorporated under the laws of
the state of Texas, and has its domi-
Gle in the county of Anderson, state
of Texas; George Pessoney is agent
and manager of said corporation and
resides in Anderson county, Texas.
The Palestine Electric and Ice COM
pany is a corporation doing bushnell
III the state of Texas, and duly incor1
porata3 under the law OF s...6 sTsf e.
having its domicile and principal of
| flee in the county of Anderson and
state of Texas; w. H. Hayes is man.
ager and agent of said corporation,
and resides in Anderson county, Tex
as.
George Pessoney, Geo. w. Burkitt,
ST., Geo. W. Burkitt, Jr., and w. H.
Hayes, defendants in this cause, each
reside in Anderson county, Texas.
3. The defendants, the Palestine
Ice, Fuel, Gin company, the Palestine
Electric & Ice company and the indi-
viduals named herein are each en-
gagged in the business of manufacture
ing and selling ice in the state of
Texas, and in Anderson county, in
said state.
4. The plaintiff herein complaining
of the defendants and each of them
respectfully shows that heretofore to-
wit, on or about the 10th day of June,
A. D., 1908, each and all of the said
defendants entered into a conspiracy
and series of conspiracies by and
among themselves and with other
individuals and corporations, by
the names of which are to the plain
tiff unknown, by means of which
they effected monopoly in the bust
ness of manufacturing and selling ice
in Anderson county, Texas
That subsequent agreements, under
standings and contracts were made
and entered into by and between each
and all of said defendants, by and be-
tween themselves and with other in
dividuals and corporations, the names
of which are to the plaintiff unknown,
having for their object the following
unlawful purposes, among others:
First. The suppression and pre-
vention of all competition in the man.
ufacture and sale of ice in Anderson
county, Texas.
Second. The fixing, maintaining,
increasing and regulation of the price
of ice, in said Anderson county.
That the means adopted in the car
rying out of the conspiracy and con-
spiracies aforesaid and the means
used and employed by the conspirators
aforesaid and each of them, have
been and are calculated to carry out
the purposes of said conspiracy, have
been continuously maintained and car
ried out since the Goth day of June,
1908, and have been and do result in
the practical monopolization of the
business of manufacturing and selling
ice and in controlling the price and
output of ice in Anderson county, Tex
as, and in destroying and preventing
competition in the manufacture and
sale of said commodity.
5. That in pursuance of and as a
part of the general plan and conspir-
acy aforesaid, the said defendants and
each of them did on or about the Both
day of June, 1908, agree to and adopt
a schedule of prices at which ice