The Birmingham age-herald., 1909-06-26
mong them for some temporarily lost

among them for some temporarily lost chord.
 MT. Weatherly propped himself against the judges bench and set his specs out on the end of his nose, where he couldn't have seen through them If he had wanted to. MT. Campbell was not present in the court room.
 MT. VanHoose left the court room when the arguments were begun.
 MT. Johnston in addressing the court relative to the law on the case read one of the state statutes which provides that "any person or corporation which re- strains or attempts to restrain the free- dom of trade'' Is guilty of misdemeanor, punishable by fine or Imprisonment or both. He stated that "the terms of the state law are infinitely broader than those of the Sherman antitrust act in that they provide that 1t is sufficient if there Is intent of restraint"
 Facts which have crept into the case,' MT. Johnston continued, ''are certain proof of the manufacturer having fixed prices, which facts the defense has taken to be all right. The admitted facts are sufficient to entitle the plaintiff to an affirmative charge from the court that the association is combination. It was admitted by the defendant that the asso- cation attempted to compel /the manue lecturers to sell to either retailers or wholesalers exclusively and that their names were dropped from the favored list If they did not do so. He also said that the jobbers were in honor bound to com ply with these lists.
 Attempted to Fix Prices.
 There is no dispute on this point then. There is not a report of the president to the association which does not demand that the manumacturer eliminate his re- fou without pOna Stnn further this fact stamps the association as an illegal combine. There can be no denial that the association attempted to fix and maintain prices, and thereby restrain trade, because of the very fact that it poiced its territory for the pur- pose of reporting to manufacturers vio- lations in the way of the underselling of listed prices. You cannot read ten lines of the defandants testimony which does not imply that the association was one for all and all for one.
 "Another feature in which the illegallty of the association must be admitted was the matter of the requirement that the names of new customers be submitted To the association by the manufacturers be- fore goods were sold to them. This de- layed the selling of goods and even If the delay was not for more than two minutes there was restraint and there fore necessarily a violation of the law. The practical effect of this plan was that the manufacturer was guided by the association.
 "Tt ia not to be denied that the in- tention of this plan was that the manu- fact,lrer should submit the names of new buyers for some kind of an investigation by the association and this necessarily held LID trade to a certain extent.
 "The defendant admits that the associa- ton fixed the price on two articles Of
 lxnkl inatf nd prices on other articles with view of selling them at such prices as would give the iobber reasonable profit and not sell at cost and dash himself upon the rocks of his own destruction, which priv iige the law grants him.
 Sustaining these remarks MT. Johnston read numerous extracts from the law and rocks to its own destruction, which priv iege the law grants him.
 Addresses the Jury.
 MT. Johnston then addressed the Jury, in part as follows:
 "This issue gentlemen, is simply ques- tion as to whether the defendant had any material part In preventing the plaintiff to do a lawful business. And l want to say that the evidence in this respect makes me reflect when l look upon the prominence and high respect of the gentle men whom l am charging with being members of an association or combine which violated the law of the land.
 Now, as to the question of whether or not MT. VanHoose abused his power and interfered with this young mans business, l simply wish to review the case briefly"
 MT. Johnston then told how MT. Cla- baugh had started out in small way, how he rose and how he finally went north to study the grocery business with q view of returning to the south to open a business of his own. He discussed at some length the manner of MT. Clabaughs training for the, grocery business. and