The San Francisco call., 1910-05-24
FISH COMBINE
INDICTMENTS
ARE DELAYED
Requirements of Cartwright Law
Must Be Net in Charges
Against Trust
Decision in icramentO Meat
Monopoly Case Will Reach
Local MaIefactOrs

The complexities Of the Cartwright
law have deferred the filing of indict-
ments against the fish trust until to-
morrow with the possibility of further
delays. Meantime District Attorney
Fickert is giving his most careful
thought TO remodeling the bills, for
the law is new and untried, although
sound IN its general aims, as is shown
in the decision handed down last Jan
uary by Judge Hart OF the third ap-
pellate district.
Attorney General Webb. who helped
prepare the case favorably ruled on
by Judge Hart. believes the Cartwri ght
act viii not encounter greater dificul-
ties here in breaking up the fish com
bination than in Sacramento, where it
routed the meat trust.
GRAND JURY CONVINCED
The grand jury was thoroughly con-
Nlnced Of the conspiracy TO keep UP
the price of fish after examining %
out OF the 90 witnesses found by The
calls investigators. The trial jury
VIII have all Of this additional evil
oencc TO examine, together with i'm
pcrtant documentary matter.
There seems TO be a popular idea"
said Attorney General Webb yes
Ierday. that a great deal more proof
is needed under the Cartwright law to
get convictions than is really the case.
What the law attacks is only the COM
pinst tion among dealers to restrict
trade and prevent competition. This
may be shown circumstantially"
The Sacramento case, which furn
isles the only decision on the Cart
wright law. was successfully brought
bV the people against the butchers
association Of that city. While it did
not 90 further than the court of ap-
peals. IL received the tacit approval of
the supreme court. which denied the
butchers plea for a rehearing. Thus
the law broke up completely the alli-
ance between the powerful Western
meat company and the greedy butchers.
10 whom the Western furnished meat at
cheaper rates than TO independents.
IN regard 10 this conspiracy. Judge
Hart wrote.
Tho legislative power Of the gov
eminent very properly treated COM
binstions formed for the purpose of
restricting trade very much in the
light in which loaded gun is re-
garded--a dangerous instrument 10 be
wing around loose-and upon the same
principle which sustains local legisla-
tive measures declaring ii TO be a mis-
demeaner for one TO have in his pos
session burglarious tools and instru-
ments. Therefore. the acts constitut-
ing the actual execution Of the pur-
pose OF a criminal conspiracy are only
evidence Of the existence Of such con-
spiracy.
No DOUBT A. To FACTS
The evidence collected by The Call
and presented by District Attorney
Fickert convinced the grand jury that
not only was the criminal intent there.
but its results. Whether or not the
conspiracy was set down on paper,
there remained no doubt as to the
facts. All firms in the trust stood in to
support the same blacklist. They drove
retailers away from the independent
POrtola company and limited their own
supply through the glue factory.
During the legislative committee S
investigation last March, the members
OF the trust denied any combination
and insisted they were acting independ-
entity. They even urged that their
profits were small Paladini and Ira
pani made the same statements TO a
Call investigator the day before the
grand iUry began its recent inquiry.
They said there was no combination
and THAI they were making small pro-
fits. This familiar defense was also
made By the Sacramento butchers, and
Il brought this reply from Judge Hart:
1T is idle and no answer TO say, as
is the fact. that the agent for the
Western meat company and each OF tire
members Of the Butchers protective
association positively denied that there
was ever any understanding, compact
or agreement between them whereby IL
was understood in any manner, shape
or form that the Western meat COM
pany was 20 charge persons who did
- H. 81 -. At
or different price for fresh meats
than would be charged 10 members Of
the butchers protective association"
HIGHER CHARGE PROVED
All the Jury had TO decide in the Sac
ramento case was whether the meat
company had made an independent
dealer named Robinson pay more for
meat than had been paid by members
OF the association.
On appeal the butchers attack ed,
among other points, the trial judges
instructions. which were strongly de-
Tended by Judge Hart. One section OF
these instructions reads:
1T is not necessary to constitute a
conspiracy that two or more persons
should meet together and enter into
an explicit or formal agreement for an
unlawful scheme. nor that they should
directly. by words or writing, state
and give the details of the plans or
means by which the unlawful combina-
tiOn was TO be made effective.
In other words. whore an unlawful
end is sought, and two or more persons
actusted by 9 common purpose work
together in furtherance of that end,
every one OF said persons becomes q
member OF the conspiracy. even il the
part he was to take therein was a
subordinate one or was 10 be executed
at remote distance from the other
cOnspirators."
Paladini and others active in the fish
trust have been laughing at the grand
iurys inquiry, according to gossip in
the wholesale fish district They have
told q number OF customers the last
few days that the trials under the
Cartwright law viii end. like the senate
committees investigation, without re-
suits