The San Francisco call., 1910-12-06
FISH MENFINED
$3.50 EACH BY
GECABANISS
Trust Is Dead, but the Corpse
Must Pay Expenses of
Funeral
Court Scores Ringleaders
Tools, but Heeds Recon-
mendatiOn of Mercy

And the act itself not only
criminal in that ia was a violation of
the penaI statute. hut IL was. aS l view
81. n serious crime when the purpose
for which the conspiracy was inaugu-
rated Is borne in mind-tbe regulation
Of the price Of n very necessary article
Of food. that 0f fish. Wy view
PERSONAL and officially is that no
more Important duty devOIves upon the
person charged with the administra-
tfon Of Justice than the imposition of
penalties that viii have the effect Of
putting quIetus on combinations of
this kind -Jndgs Ca5iHsss IN JlNHg sfgbt
nsn5srs or the fsk trust $3.50.
we hav4 accomplished the purpose
Ne set out 10 accomplish, namely, TO
break up the trust which was charging
excessive prices for fish."-Assistant
District Attorney Brennan. - assistant
Dtstyfct .ztto7He1 Brennan
Eight members Of the late lamented
fish trust. having pleaded guilty OF
CONSPIRACY To sustain prices artiicially,
were fined $3.50 each by Judge Cabaniss
Yesterday. The fine was made small
because the defendants were the un-
important members Of the corporation
the mere tools Of Paladini & Trapini.
testified before the senate committee.
The maximum fine fixed by the statute
is $4,000 for each Offense. The eight
members fined are: Rosario Villa,
Henry Rittore G. Machi. s. Dentici G.
Bartinico. J. r. kissing, s. Tarantino
and George Maggie.
The indictments against most of the
ether defendants, including Paladini
and Trapani were dismissed. Those
against the Western fish company and
Frank T. Booth remain on the court
calendar
WILL PROSECUTE WESTERN
The Western fish company which
was one Of the chief offenders. will be
prosecuted announced District Attor-
nev Fickert subsequent to the court
proceedings YESTERDAY i am going to
look into the evidence against Booth,
and If the case warrants it he also
viii be prosecuted"
Both Judge Cabaniss and Assistant
District Attorney Brennan expressed
regret that il was necessary to dismiss
the indictments Eainst the important
members OF the combine.
The defendants who pleaded guilty
PLAYED very subordinate part in the
affairs Of the trust" said Brennan.
They were practically coerced into CO.
operation with the bigger dealers.
Paladini & Trapani had an absolute
monopoly. The other dealers could not
ger along without buying soles and
sand dabs from them"
Mr.. Paladini and Mr.. Trapani don't
admit anything like that. your honor. q"
interposed their attorney, ". VI. Mad
den.
Il am only concerned now with what
the district attorney says as inffu-
encing his action. but II there are any
issues 10 he raised I will indulge you"
said the Judge.
No no." rejoined Madden in great
haste The last thing the members OF
the fish trust wanted was trial OF
the issues
That the fish trust is now thing of
the past as a result Of the prosecu-
uons set on foot by The Call was evil
dent from what happened in court.
What is the position now as TO this
50 called fish trust?" asked Judge
Cabaniss rs il still on foot?"
we are Informed that they are all
dealing Independently and that there IS
no combina tion of any kind existing, -
Prosecutor Brennan informed the court
1T has been dissolved"
or Destroyer suggested Judge
Csbaniss
Yes, destroyed" agreed Brennan.
Asked by the Judge what he recon-
mended as proper punishment in the
cases Of the eight who had pleaded
guilty. Brennan said he would recon-
mend small fine-~say approximately
$3.50 from each OF the defendants"
i think that would be fairly reason
able under ali the circumstances" said
Brennan We have accomplished the
purpose we started out to accomplish
namely, 10 break up the trust which
was charging excessive prices for fish
although, unfortunately. we have not
got any Of the main instigators-the
men responsible for this trust. The
men who are here now are merely TOYS
IN the hands OF the two main instigat-
ors-Trapani and PaladinL"
TRIALS EXPENSIVE
Brennan said that to try the de-
PENDANTS would have entaiIed needless
and unnecessary expense on the neonle
One Of the main witnesses was in Port
land and had said that he would NOT
come here TO testify unless he were
guaranteed SIS and $40 per diem going
and coming He was a material Wit
ness. Brennan also pointed out that
in trying the defendants it would be
necessary to call an unlimited number
ef witnesses, most Of whom would have
- 5e examined through an Interpreter
and that the trial probably would last
month or more.
In regard 10 the suggestion that the
fne be $3.50 IN each case, Attorney Mad
den asked that the court follow the
district attorneys recommendation.
In imposing sentence Judge Cabaniss
said he was guided by what the prose
cutting attorney had said. believing that
The facts as stated warranted the court
in taking the course recommended.
T am" said Judge Cabaniss. moved
largely by what Mr.. Brennan has said
touching the relative guilt, or the COM
parative guilt. Of the various defend.
ants named in the indictment. He has
Indicated the two prime movers in the
conspiracy. but finds it impossible tc
bring them 10 justice because they tes.
titled before the senatorial committee
IT seems TO me. therefore. that II 2
very severe sentence were imposed
upon the men who have pleaded guilty
it would mean that a gross miscar r
riage Of justice had been accomplished
II these men bore the part attributed
10 them they are far from blameless
We All know the temptation TO which
they yielded at the time they entered
into this criminal conspiracy, but Il
was not such as constitutes justifica
ton or excuse for the commission oi
the crime. And the act itself was mo-
only criminal in that it was a viola tior
OF the penal statute. but it was, as
view ii. a serious crime when the pur.
pose for which the conspiracy was in.