The Birmingham age-herald., 1909-06-24

become listed" Mir. Prichard stated that
 he did not think 1t would prove in any
 way beneficial to do so for the reason
 that he did not intend to handle any
 great quantity of package goods.
 Did you or did you not demand that
 the Southern Coffee company be listed?"
 asked MT. Cabaniss.
 "I did not" was the reply.
 Did you ever receive any information
 that MT. Pichard was selling to retailers?'
 T did"
 Sent 1t to Manufacturers.
 MT. VanHoose was then questioned as
 to what he did with the information he
 had received about MT. Clabaugh and re-
 piled that he had sent 1t to the various
 manufacturers, adding that it was one
 of the main objects of the Wholesale
 Grocers' association to keep It's members
 posted as to such matters. He was ques-
 toned as to what the conditions were pre-
 requisite to firms being listed in the
 green book" a book published by the
 association for the information of it's
 members. He replied that to be listed a wholesaler must agree to buy on his own
 account and not handle goods on con- signment not to sell to the consumer and to have no retailer interested in his busi- ness. He was asked if any fee was charged wholesalers for being ''listed,' and replied Nc"
 A history of the association was gone
 into MT VanHoose stated that 1t was incorporated in Richmond In 1892. He
 stated that he was not sure whether 1t
 had any capital stock at that time or not. He said he had never owned any stock in the association, and added that the as- | sociation paid taxes on about $1l00 worth 1 of property, which consisted largely Of | office supplies.
 The witness was then questioned as to l the nature of the meetings of the asso- l citation.
 He stated that the meetings were nearly l always open, stating that only two meet | ings had ever been held behind closed doors. He then asked permission to ex- plain why these meetings were made
 executive and the question being put he replied:
 ''The ladies who came to the meetings
 with the various delegates talked so much and so loudly that the noise inter fered with business" He then explained | to the court that he was making no | levity and that he was serious in his s> | sertion. He added further that tS
 sociation had no income furt' | the dues from it's members' | Upon being questioned was l done at the meetings the witness stated | that the business transactions consumed l much less time than the social affairs. l He testified that the business of the meet | ings had reference to the production, dis | tribution, manufacture and transportation l of goods; that the association, attempted | to get manufacturers to sell to retailers 1 or wholesalers one or the other and not | to both: that it tried to secure better rail- | road rates, to secure the passage of good, | fair and equitable laws, and to cult- | vate among the wholesaler grocess high and honorable business principles. Questioned as to whether or not the | association had ever attempted to fix or maintain prices Mir VanHoose replied that ! he knew of no organization among the grocers which had attempted to fix prices | othern than the Jacksonville association. l MT, Cabaniss then asked: Was 1t ob- 1 ligatory for members to abide by the proceedings of the association in It's con- ventions?'
 | "ft was supposed to be in the early days | of the association, but the hopelessness | of accomplishing such was realized and | the idea was abandoned" "State whether or not the constitution | or rules of practice of the association | adopted in New Orleans In 1894 were ever | rescinded."
 No, they never were by vote of the | convention" replied MT. VanHoose, put | they were in this way: That l, being in | the chair, ruled that the association had
  l was ever taken on my ruling The Equality Plan. The witness was questioned as to the equality plan" adopted at one time by the association, and he stated that 1t was merely a plan devised for the purpose of enabling the small wholesaler to purchase supplies just as easily as the larger deal CTS. He stated that at present the plan Is applied to no article now sold in the south. He was also questioned as to the rebate plan. He replied that the word rebate was unpleasant to him because it was generally improperly used, and as applied to trade meant no real rebate, but was simply means of securing addi- tional profit on goods. MT. VanHoose then went on to tell of certain things which he "believed' and thought
 Mir Johnston arose and objected to the witness "undisclosed mental operations, and insisted that he stick to actual oo- 1 currences in testifying. Mir Weatherly, for the defense then expalined to Mir. VanHoose that what was going on in his miud'' was not desired as evidence. The
 witness replied with some fire: "There Is nothing going on in my mind but the truth.
 The court then had to intervene after series of thrlists between the attorneys. | The examination continued: "Did the association have anything to do with fixing prices?' asked MT. Cab aniss.
 Not during the past 12 years" replied l the witness.
 "Who does fix the prices?' was asked. "1'he manufacturer" Mir VanHoose re- | piled.
 A long discussion of "cash discount | was then entered upon, and the defense | closed It's direct examination by asking | the witness what connection he had with