The Birmingham age-herald., 1910-09-02
CLAbAUGH TALKS ON ANSWER OF GROCERS His Own Case Comes Up Week
 From Monady POSITIVE OF OUTCOME Says Assistant Attorney General Harri- son of Washington Will Be
 Here to Attend the
POSITIVE OF OUTCOME

l Hinton G. Clabaugh, who has waged a
 persistent fight against the Southern Wholesale Grocers association for more than three years, and who is admitted to
 have been mainly responsible for the ac- | ton of the federal authorities against the association, when questioned last night
 regarding the official reply and emphatic denial, on the part of the association, of charges preferred by the government, had
 the following to say:
 1T have read the answer of the asso- citation to the charges made by the gov ernment and it is just about what any one familiar with the facts in the case
 would expect. But simple denial is not going to count for much when the attor- neys begin digging down to the real black and white evidence.
 II am absolutely positive that we are going to more than make good on every point in the case.
 "The trial in the state court developed about half of Che evidence, possibly not half. There is trunk full of written evidence which I took to Washington and submitted to the committee which was at that time probing the high cost of living and the real pyrotechnical dis play will begin when they start to delv- | ing into these documents. These papers have all been returned from Washington and you will find us ready for trial when my case against the association comes up on Monday week, September 12
 "I have received telegram from A E. Harrison of Washington, assistant at- torney general of the United States, stat ing that he will be here during the trial of my case. MT. Harrison made a thor ough examination of all evidence in my possession before the government filed its petition seeking the dissolution of the Southern wholesale Grocers association,
 but he has seen fit to be present during the trial Of my case and will be here Monday week.
 Regarding the denial of charges on the part of the Southern association might merely state that the people of | Birmingham can secure evidence of the short weight packages themselves by go- ing out and buying a certain brand of
 dried apples, put up in cartons with
 padded bottoms which are still being
 sold in Birmingham"
 l Counsel for the National Wholesale
 Grocers' association, an organization said
 to be similar to the Southern associa-
 ton In many respects, has taken recogni- l ton of MT. Clabaugh's testimony in
 Washington in regard to the short-weight apple packages. MT. Clabaugh exhibited
 several of these packages before the in
 vestigating committee in Washington. At the annual convention of the National association at Louisville counsel for the association had the following to say re- garding Mr. Clabaugh's testimony, as shown by the official report of the pro- ceedings of the meeting:
 | At recent hearing on the subject of | a compulsory weight branding statute, a package of apples with false bottom. by means of which gross fraud was per petrated upon the consumer, was eX-
 hibited. It seems apparent that the branding of the weight upon such pack
 age would not correct the gross cheat eff
 fected. No ordinary observer or consum- CT knows visually what bulk ought to be l ulSpldCeu py Q ScItdli Wcl5Ht Ol dHy product branded with a certain weight ought to be. Even if the consumer sees and reads tbe weight branded as con- | spicuously as may be desired never | theless he sees a package that appears very large, that appears to contain more | food than 1t actually does We hold most positively that the sale of such a pack age, branded with the true, correct net | weight is fraud punishable under the | common law and the statutes in force
 since the beginning of the criminal law in
 England It Is criminal false pretense. Not only Is it violation of the com
 mon law but it is or should be under the statutes of every state in the union. This | particular instance is obviously case not for legislation but for immediate and | relentless prosecution
 On recommendation of the association S counsel the body adopted the following resolution:
 Resolved, That the National Wholesale Grocers' association favors and does here by urge the prosecution, under the com mon law, and the criminal statutes of our various states, of any manufacturer, wholesaler or other merchant who sells short weight or measure goods, goods in false bottom packages or containers, or frauduIently packed food products of any kind'