The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-12-13
Conspiracy With American
Sugar Refining Company to
Restrain Trade Alleged.
SUPREME COURT DECIDES
GFFENSE is CONTINUOUS
Trust Cases Revived by Ruling
of Highest Tribunal of
the Nation.

WASHINGTON. Dec, 1o-Announcjns
tho broad rule that conspiracy under
the Sherman antitrust law may be
continuing offensc," instead OF an Of
fense limited to the formation of the
conspiracy and. possibly, overt acts there
under. which would revive the conspiracy,
the supreme court of tho United States
today went a long way toward dispelling
doubt as 10 the law.
Tho direct result is that Custavc u.
kisscll OF New York and Thomas T. Har-
ned OF Philadelphia must answer further
to the Indictment brought in 1909 In New
York, charging them with conspiracy
with the American Sugar Refining COM
pany and others, to drive the Pennsyl-
vania Sugar Refining company out OF
Justice Holmes today. in announcing
the opinion of the court. took up for
consideration the argument that con-
spirecy is completed crime as soon
as formed. IS would be tho case where
Il conspiracy were merely a contract.
1T Is true" said Justice Holmes, that
the unlawful agreement satisfied the
definition OF the crime. but II does not
exhaust it. When the plot contcmplates
bringing 10 pass a continuous cooper
alton of the conspirators TO keep IT up.
and there is such continuous operation,
and natural language TO call such con-
tinuous cooperation cinemetograp phic
series OF distinct conspirac!c3 rather than
10 call ii single one"
To Restrain Trade.
Holding that conspiracy in restraint
OF trade is different from a contract In
summed up the decision in thIs manner:
'The indictment charges IL continuing
conspiracy. Whether IT does so with tech
meal sufricicncy is not before lis. All that
VIC decide is that a conspiracy may have
continuance in time, and that. where, AS
here, the Indictment. consistently with
the other facts alleged that IL did so
must be denied TO the date of filing. that
allegation must be denied under the gen
eral issue and not by a special plea.
Under the general issues. all de-
conspiracy was ended by success. aban-
donment or otherwise. moro than three
years before July l, 1909. Will be open
and unaffected by what VIC now de-
eide"
An Indictment was returned IN the fed
eral court Of New York In 1909 charging
the American Sugar Refining company.
It's directors, Gustavc T.. kisscll OF New
York and Thomas Il. Harmed OF Phila-
dnlphIa with conspiracy to restrain inter-
state commerce In violation OF the Sher-
man antitrust law.
Keeps Names Secret.
II was alleged that the object OF tho
conspiracy wac TO prevent the Pennsyl
vania Sugar Refining company from do
ing business.
Tho result. it was alleged. WAS accom-
plished through ISisscll acting scc.etly
MS the agent for the American Sugar Re-
finipg company, loaning to Adolph Segal.
who controlled a majority OF the stock
OF tho Pennsylvania Sugar Refining COM
pany, the sum OF 81 $50 900 and taking as
security the control OF the Segal stock
in the Pennsylvania Sugar Refining com
pany. All this time, IT was alleged. the
name Of the leader was kept n secret by
Kisscll
Following the loan, IL was charged, a
new board OF directors for the Pcnnsyl-
vnnia Sugar Refining company was elect
ed and this board, acting In the inier-
csts of the American sugar Refining
company. closed UP the refinery OF the
Pennsylvania company