The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-04-08
Conspiracy Is Charged In
Restraint of Trade In
United States
INDICTMENT FOLLOWS
LONG INVESTIGATION
1t Is Set Forth In the Indictment
That the Glass Company Acted
As Selling Agent and Pre-
vented Competition

Pittsburg, April THE Imperial Win
dow Glass company, a corporation of
West Virginia birth, which lacks but one
week of being year old. was indicted
by special federal grand jury here late
today ON three counts:
First, conspiracy in the restraint of
the hand-blown window glass trade in
the United States.
Second, engagement in illegal competi-
tion.
Third, attempt to monopoize interstate
trade,
A week ago then United States District
Attorney John H. Jordan divulged the
information that federal officers had COM
pleted three months investigation of
the glass industry and would present to
the grand jury on the following Monday
evidence to show that the corporation
acted. in violation of the Sherman anti
trust law. At 4:15 o'clock this afternoon,
after four days hearing of many wit
nesses, the grand jury returned an indict-
J ment.
J The officials and directors of the I'M
perial Window Glass company, named
; In the Indictment are:
! President, Myron l.. Case of Maumee
o.; Vice President, NJ. ]. Healy, Brad
ford. Pa; treasurer ]. C. Sayre Nor
gantown w. Va. Directors: Thomas
Spillane, New Bethlehem, Pa: G. W.
Morenue, Kane, Pa; Thomas Camp
/ president smithport Window Glass COM
peny; William L. Graham. Masontown,
Pa. Felix Steinberger. Clarksburg. w.
Va; J. H. Brewster. Weston w. Va;
J. G. sayre. Morgantown, w. Va: C. P.
Coleman, Lancaster. @; o C. league,
I Utica, N Y; Frank Baslin. vincennes,
Ind; F. r. Wear, Kansas City, Mo-; A.
Hudson, Chanute. Kans., and w. C..
Baker. Carey, Kans
The secretary of the company, ]. r.
Johnston of Pittsburg. was not named in
the indictment. He appeared as the prin-
cipal witness for the government and
may, 1t is said, be granted immunity from
criminal prosecution. He produced be-
fore the jury mass of books and pa
pers, letters and other data. The pre-
sentiment, however, was based as well on
the testimony of a number of other wit
nesses who had been summoned from
many western cities.
The indictment sets forth that the COM
pany, Incorporated in West Virginia on
April IA, 1909 has from that day to this
acted as selling agency and has pre-
h vented competition "by persuading and
& inducing corporations, partnerships and
individuals in the window glass trade to
+ enter into contracts with the company to
sell their entire outputs of hand-bown
window glass" and that 1.-The defendants
were able to establish, fix and maintain
arbitrary, unreasonable and noH-competi-
tive prices for window glass, greatly in
excess of prices which would prevail if
3 said defendants had not engaged in un-
lawful conspiracy
1t is charged that when glass blowing
eoncerns declined to enter such agree
ments the defendants proceeded to lease
< the factories with the purpose of monopo-
Izing the trade and restraining inter-
state commerce.
Tho company is said to control fac
tories in 10 states. viz: Illinois, Indiana,
Kansas, Massachusetts, Michigan, North
3 Carolina, New York, Ohio, Pennsylvania
and West Virginia.
y District Attorney Jordan said the case
= would come up before the May term of
sourt
The Imperial Window Glass company is
capitalized at s25O0O0, of which amount
4 ti76,O00 is paid in. During the four days
q that the company had cleared s15O,070 net
i sver all expenses. The companies which
A are allowed by the alleged agreement to
4 sell to only the Imperial company No. 66,
III representing a capitalization of between
4, 100000 0and ss,00000O. OF these 66 COM
panies it was testified that 12 were kept
h rlosed, the dleness involving an expense
Y u $4,000 a year.
j District Attorney Jordan declared to-
night that the price of widow glass had
increas sed about so per cent since the in
\ corporation of the Imperial Windowglass
company.
n The case is the first here under the
Herman law The statute provides that
upon conviction of any one count a. fine
.e " 5000 or Imprisonment for one year, or
Y both, may be the maximum penalty.
Case Had Not Returned
N Toledo, O., April 7.--Myrion L. Case,
hi president of the Imperial Windog Glass
iompany, who as president of the Case
md Merry Glass company has an office
II Maumee, a suburb, had not returned
rom Pittsburg late tonight. Harry B.
panvers, secretary of the Case and Merry
company, which is one of the concerns
connected with the Imperial Window Glass
company, said tonight he did not con-
hder the indictments of the Imperial
bompany at Pittsburg serious in nature
"The Imperial company did nothing but
0ll the product of other companies" he
aid. '.and when Mr.. Case left for Pitts
burg he was not alarmed over the situ-
ttion. look for him home Saturday."
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