Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-29

and the western Sugar Refining company
r. each IN itself an unlawful combination
in restraint OF trade, and that each Of
them be restrained from engaging In inter
state or foreign commerce,
That the court adjudge that the shares
OF the capital stock Of each defendant cor
poration heretofore acquired by any other
corporate defendant were unlaWtully &C
duired, and that each such holder be en-
joined from continuing to hold such shares,
and that the issuing corporations be en-
Joined from permitting the exercise of
rights incident to the holding Of such
shares, and that they be enioined from pay
ing dividends to the holders.
That the shares Of capital stock In the
National Sugar Refining company. Utah
Idaho Sugar company, Great Western
Sugar company, and Continental Sugar
company formerly held by the late II. o.
Havemeyer, were unlawfully acquired by
him and arc now being unlawfully used
by the executors and trustees under his
will, who are made defendants In the suit.
The government asks that the executors
and trustees be enjoined from further using
the powers incident to the shares 50 held
by them as to bring about cooperation be-
tween the issuing companies and the other
defendant corporations.
That the defendants be enjoined from con-
tinuing to carry out the purposes OF the
unlawful combination and conspiracy and
be required 70 withdraw from all connec-
ton Herewith.
as may be proper. by way OF Injunction
receivership or otherwise.
History of the Combine.
The criminal sugar combine, the petition
sets forth, was the Sugar Refining conf
pany, which was formed in August, 1887
under the lead of II. o. Havemeyer, and
embraced companies which together carried
30 per cent of the sugar trade of the in
terstate and foreign sugar trade Of the
country.
Within two years after the formation
of the original company. 1t is charged, the
combination closed twelve refineries.
In 1898 1t obtained the Independent Call.
fornia company, leaving outside the com
bination only the four Philadelphia con
Germs. The state OF New York attacked
the arrangement in suit TO dissolve the
North Sugar Refining company, which wa!
one OF the parties to the agreement, and
the courts held the combination to be H.
legal Thereupon the present American
Sugar Refining company was formed, IL
January, 1891, and continued the business
OF the combine
Competition IL Suppressed.
From 1899 to 1900. 1t Is said, Independent
refinerles started and others tried TO. on,
company built a plant in Baltimore, bu
before IL could operate the American com
pany bought It's capital stock and neve
allowed Il 20 operate its refinery, Tn
same thing happened to the United state
Refinery Il Is said, in 1896, when IL bull
q plant at Camden ~ j. The suppression
OF the Pennsylvania Sugar Refining com
pany, which was brought out in sui
against the American company some year
ago. is also referred to, The California
Hawaii Sugar company, controlled by Ha
vain planters. was put out Of business,
is alleged. by means Of an agreemen
whereby the combine was TO pay $4,000
year FOR three years, provided 1t retire.
from the field.
Rebates and UndeFweiEhts.
The government charges that the Amerl
can has obtained unfair advantages owe
competitors by obtaining money on import
BY customs frauds, as was brought out 4
stAe governments recent suits; by recov
erlRg rebates from railroads. and by work
ing In harmony with wholesale grOcers as
sociatlons throughout the country an
keeping up the price OF sugar,
A considerable portion OF the petition
devoted to the acquisition by the combin