The San Francisco call., 1910-08-24
COURT GIVES Fish
TRUST THE HOOK
Judge ConIey Upholds Grand
Jury indictments for
Conspiracy

The fish trust sustained another re-
verse yesterday in a decision rendered
by Judge w NJ. Conley upholding the
grand jury indictments charging con-
spiracy in restraint of trade. The de-
murrers interposed by the defendants
in all of these criminal cases were
overruled by the court and the de-
PENDANTS were ordered to appear next
Friday and plead guilty or not guilty
The chief point raised on behalf OF
the members of the fish combine was
the alleged unconstitutionality of the
Cartwright antitrust act, under which
the indictments were drawn. Judge
Conley in his decision intimated that
personally he has doubts as to whether
the law is constitutional, but he fol-
lowed the ruling of the court of ap-
peals for the third district, which pro-
nOunced the act constitutional.
The same point has been raised on
demurrer by the members of the vege-
table combine, who also were indicted
for violation of the Cartwright law
Judge Conley having overruled the
contention of the fish. dealers, he will
make the same ruling as to the vege-
table men and order them to stand
trial. In his decision rendered yester-
day Judge Conley, after paying a COM
y
den for the fish trust and Assistant
District Attorney James F. Brennan
for the people-said:
Il will state that personally l nave
some serious doubts as to the consti-
tutionality of the Cartwright act. But
would be 10th to declare an act of
that kind unconstitutional after the
subject has been dealt with by the
legislature, not only in this state, but
in, other of uOiOn
Il believe that all such combina tions
should be prohibited by law, and what
ever my own views on the subject may
be I am compelled under the rules to
follow the decision of the appellate
court Justice Hart in delivering the
opinion of that court used this Ian
guage, which to me is significant and
decisive:
Some intimation is thrown out by
counsel for the appellant that the law
against trusts and unlawful combina-
tions is out of joint with the constitu-
ton. and. as well. conflicts with the
law on the subject of criminal con-
spiracies as defined by the penal code.
The specific ground for the constitu-
tional objection to the law is not
pointed out, and we do not think any
such objection can be shown.
such being my VieW-that the appel
Late court had in mind the provisions
of both the state and federal conStitu-
tions at tfe time of the decision-there
is nothing for the superior court to do
but to overrule the demurrer TO the
Indictment"
The trial of the civil suit in which
the Portola fish company is claiming
$4,000 damages from A. Paladini and
six local fish companies for conspiracy
to ruin the plaintiff corporation was
continued by Judge Hunt and a jury
Yesterday. D. Cereghino, manager of
the California fish company, and Joseph
Macchi, of the International fish COM
pany, were called by the defense, and
both denied the existence of a combi-
nation between wholesale dealers, and
said each wholesaler fixed his own
prices. Cereghino said the testimony
that he went TO G. Gigi of the Portola
company, and told him to close up,
promising to refund all his expenses,
was untrue Referring to Gigi's state
ment that Ceregbino told him the COM
binatiop would send him back 10
Eureka without his shoes, the witness
admitted using the words, but said he
was ioking. Cereghino also admitted
in cross, examination by James A. De-
voto. attorney for the Portola company,
that he had an agreement with the
Western fish company by which he was
to get less than one-fourth of the catch
of soles and sand dabs, and that the
Western company fixed the price, al
lowing him discount of so cents if
the price was 81 a box, and of IS cents
if the price was 81 a box.
Six of the jurors took part in the
cross examination of Cereghino.