The Birmingham age-herald., 1908-02-27

charged on sales made before arri'Ai of goods.
 Getting back to the Southern Whole sale Grocers' association and their un- fair, underhanded methods, we would say that we are in possession of actual dam aging proof, in writing, as well as other evidence, abundantly convincing, that their practices are such that no whole saler with one spark of simple self-re- spect should tolerate, and yet, the good men in this association have been and are allowing this very rotten condition to exist.
 We have very interesting bunch of papers and if you care to glance over them ring me up over the phone and TIT show you, before I turn the batch over to the federal authorities.
 We deeply regret that 1t is necessary for us to take this stand alone and with our limited resources and standing as new firm-partly on account of the prominence of those at fault, who seem to be so well entrenched commercially, and partly because it may react and cause further damage to our already se- riously crippled business. l am. cordially yours, HINTON G. CLABAUGH.
 Requested To Make Affidavit. Upon Mr. Clabaugh's invitation a rep- resentative of The ,Age-Herald called at his office last night to look over the papers mentioned in the letter, and which he states he will turn over to the federal authorities this morning.
 He speaks of request of MT. Van Hoose of Clabaugh, Walters & Grove 'to make an affidavit that we would pledge ourselves to strictly maintain prices on all listed goods" A list of questions was shown the reporter on which the question, numbered "1s," appears, as fol- lows: 'Will you pledge yourself to strictly maintain prices on all listed goods?'' This question was one of some 15. or 20 which inquire of nearly every phase of the nature of the business. While MT. VanHoose's signature does not appear on the list, Mir Clabaugh is the authority for the statement that the list came from him, although his, MT. Cla- baugh's, firm had never applied for mem bership to the association.
 Commenting further on the remarks made in his letter. MT. Clabaugh said :: ''The association has already done our firm a damage thai it will take us years to recover from, if we ever do, and all because we did not care to be whipped into line. We seek no sympathy but it seems rather unreasonable that partner ship of three Birmingham boys, just starting out in business, should be antag- onzed in such manner by this powerful association.
 There are no ifs and 'ands' about the matter It is on the face, with evidence in oiI1 n ba rly hat c al combine"
 Firms Decline To Sell Goods.
 Furtherng this statement MT. Clabaueh showed The Age-Herald representative letters containing statements from reput- able concerns, such as i've sell to job bers only who are members of the South ern Wholesale Grocers' association" ami "we quote you these prices subject to your becoming member of the Southern Wholesale Grocers' association
 Speaking of the inconvenience caused by his company's refusal to be whipped into line," Mir Clabaugh cited the fol- lowing instance:
 We ordered for customer from the Eagle Cotton Oil company short time ago 25 boxes of soap to be invoiced through us at the manufacturer own price, The order was declined, it being stated that the January and February business had taxed the capacity of the company's plant. The order was returned. Since then another merchant ordered five boxes of their soap through us, and the manufacturer writes today as follows:
 "'we beg to acknowledge your letter of the Fist, ordering five boxes of Hot Stuff soap through Messrs. Clabaugh, Walters Grove. On account of some little diff ferences with these people, we cannot handle the order through them, but will be glad to handle through any other job Der you may designate.
 Kindly advise by return mail what firm you wish shipment made through and we will forward at once.
 '' Thanking you for order and trusting to hear from you by return mail, we re- main, very truly yours,
 BEAGLE COTTON OIL CO.,,
 By --, President !,
 The presidents name is signed to the letter with a rubber stamp, and the sigma ture could not be read on account of it's indistinctness.
 ''As long as we sell to retailers alone we are wholesalers" said MT. Clabaugh, land we are entitled to order direct from the manufacturer. The two letters from the Eagle Cotton Oil company do not f1t."
 Mr. Clabaugh, as well as Mir. Walters and MT. Grove, seems to be thoroughly convinced that there is combine which is trying to whip them into line and states that 1t is their intention to push an in- vestigation of the state of affairs. They have a great number of letters which they believe twill be damaging evidence, and which they stated last night they would turn over to United States District Attorney Oscar D. Street this morning ar--s