The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-06-16
J. H. Montgomery Files Such
Petition in United
States Court
CHARGES PROMULGATED
IN 47-PAGE BOOKLET
McLester-vanHOose Company, Alabama
Grocery Company, J. A. VanHoOse,
Robert McLestcr, S. w. Lee
Local Defendants


yesterday afternoon in the United States
court
The complaint alleges that the asso-
citation is a combination which is con-
spring and has conspired to boycott
certain retailers, and that the association
operates in restraint of trade which is
violation of the antitrust law known
more Familiarity as the Sherman antitrust
enactment.
The bill prays that permanent in
junction be issued restraining the Whole
sale Grocers' association from operat-
ing in the United States and that the
combination be dissolved
The bill of complaint is by direct in
struction of Attorney General Wicker
sham. o. d. Street. United States dis
trict attorney signed the bill which was
filed by ]. H. Montgomery. special as
sistant United States district attorney.
The Defendants Named
Immediately after returning from wash
ington, Joseph Montgomery special as
sistant district attorney, repaired TO the
clerks office and filed the application Tor
the Injunction Shortly thereafter Judge
William |. Grub issued an order that
subnoenas be issued Immediately for the
defendants named and that they appear
and answer the government charges on
the first Monday in August.
The defendants named in the suit are;
The Southern Wholesale Grocers asso-
citation. and all the members Thereon.
James H. McLaurin, president, of jack
sonville, Fla.
The McLester-vanHoose Grocery COM
nany. a corporation of Birmingham, Ala
James A. VanHoose of Birmingham
Robert McLester of Birmingham.
The Alabama Grocery company.
S. w. Lee of that company.
James H. McLaurin of Jacksonville,
Fla.
l.. NJ Hooper of Selma, Ala.
f r. Hashagen of Wilmington, n. {.
e w. Bartleson of Jacksonville, Fla.
Robert Moore of Jacksonville, Ella.
T. C. Davis of Fort Smith, Ark
B. B. Earnshaw of Jacksonville, Fla.
G. C. Guest of Triton, Ga.
T. H. scovell of Shreveport. La.
w. f. Reeves of Tupelo. Miss.
r. A. Morrow of Monroe, N. c.
7. d. Faucette of Bristol, Tenn
w. A. Scott of Mt. Tazewell. Va.
The order Issued
The subpoenas for the above defend
ants will be issued forthwith, and the
hearing will be begun the first MONDAY IN
August in Birmingham. Judge William l.
Grub will preside.
The following is the order issued oy
Judge Grubb:
The United States VS.. The Southern
Wholesale Grocers Association ct al.
Whereas, it appears to the court that
an original petition has been filed by the
limited States in the above entitled cause.
naming as defendants many parties which
the ends of justice require snoulo De
brought before the court. and who DO
not reside within the Northern District
of Alabama;
II Is therefore ordered that all the de-
PENDANTS named in the petition who dc
not reside within the said district, or
NAV not be found therein, shall be
brought before the court, and 10 tnat
end that subpoenas issue which may be
served upon any or all of them In any
district of the United States by the mar
shall thereof. w. i. OnCDD'
United States Circuit Judge.
yanHoose on a Camp
The fling Of the application for per-
manent injunction and for the dissolu-
t,on is of more than usual local interest
lanes A. VanHoose, former mayor OF
birmingham and at one time minister
Of the Episcopal church, is named along
With other local men as defendants.
Mr. VanHoose resides on the south
Highlands Of this city and was Tor
number of years president of the South-
ern wholesale Grocers' association. His
eligibility for membership comes from
hts being president Of the McLester-
VanHoose Grocery company wnicn oper-
ates on Morris avenue.
Mr.. VanHoose was out Of town yester-
day. Inquiries at his home ELECTED the
In Information that Mr.. VanHoose is camp
'inr about four miles from Parrish with
hjs family. Efforts to reach him from
Birmingham in order to secure a state
ment were unavailing.
Mr.. VanHoose, while PRESIDENT or tne
association, was made the defendant OF
a suit of local fame. wherein hinton
Clabaugh secured judgment In the sum
OF $4,000. Mr.. Clabaugh alleged that he
was restrained from free trade
tcrday was in pamphlet form and re-
ouired II pages of government print 10
recite all the allegations Of the govern
ment. The statements contained In the
printed application for dissolution were
signed by United States District Attor-
new o. D. STREET. and we're sworn to
before a notary public in Washington. 1t
was given out that the suit filed here
and simultaneously in several parts of
the United States is a distinct inquiry
into the high cost Of living made by the
department Of justice, and is In no man
ner related or connected with the con-
gressional inquiry.
statement was issued by Assistant
District Attorney j. H. Montgomery anent
the suit, which follows:
"a bill has jus. been filed In the cir
chit court of this district by the United
states to dissolve the Southern Whole
sale Grocers association and to enJoin
ia further operations on the ground that
n is a trust in violation of the Sher-
man ANTITRUST law. United States Attor-
nev q. d. STREET. was called to WASH
inrton last week for consultation con-
corning this case
II reached Washington early on Iues-
day morning and left in the afternoon.
arriving here today at o'clock, under
instructions from Mr.. STREET., with the
hiil which I have Just filed.
AFTER the conference and preparation
of the bill, 1t was the intention Of Mr..
STREET at once to return to Alabama
with It, but he will be delayed In WASH
ington for some time yet with the con-
Ioideration of other matters In the de-