New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-06
CHEAPER ICE IN SIGHT
AS TRUST" ENDS FIGHT.
Yields in States Suit and Gives
Up Contracts That Barred
Dealers Who Sold Out.
ABAND0NS ITS NAME HERE
Knickerbocker Ice Go. Now
Takes Place of American Ice
Co.-No Change in Other
States, However.

- ne american Ice company mas snNe0,
co far as this state is concerned. It has
given w its fve-vear fight against the
suit Of the state for revoca ton of its
license. and its business here will he
done by new Knickerbocker Ice Com
pany. Moreover. IL gives up. by stipu-
lation every contract u held barring in
dependent dealers whose business II had
bought from engaging in the ice business
for VARYING periods
Justice Hendrick of the Supreme
Court signed. an order yesterday dis
continuing the suit Of the State Of New
York against the American Ice Company
The state sought to enjoin the company
from doing business I'm the state
The effect of the order is fsrrea ching
for il means that after FIVE years ~
almost continual litigation the company
has decided to give up the struggle in
the courts TO fight the charge that II was
an illegal combination in restraint Of
trade. and cease doing business in this
state. Also the order TO which the com
pany consented relieves all the inde-
pendent Ice dealers who We're tied MP
by contracts with the American Ice Com
pany. il being stipulated in the order OF
Justice Hendrick that II the COMPANY
tries at any time to enforce any ~ the
contracts that were said 10 be I'm re
straint Of trade for the purpose Of un-
lawfully controlling the supply Of ice and
it's price a permanent injunction shall
issue.
The company was accused of abusing
its rights and franchises. one Of the
exhibits submitted by Attorney General
Carmody 10 the court. through James \
Parsons. Deputy Attorney General was
copy Of resolutions adopted on March
: by the board Of directors of the Amer
ican Ice Company, which read as fol-
lows:
Whereas Although counsel have advised
that, in their opinion. The court mas no
authority 10 enter any decree cdncellns
the license Of the defendant to do business
within this state. II is deemed desirable IN
the interest of a satisfactory Conduct OF
its business and Of avoiding the expenditure
OF the time and money necessary 10 defend
the pending action Of People rs. American |
Ice Company. now on the calendar for |
trial for the company 10 voluntarily re |
quest the cancellation Of its license 10 90 !
business in this state, upon the under ,
standing and condition that il VIII not /
again apply for any such license, ana 10 |
transfer It's property in TINS state 10 3lner
or corporations omlttlnS there- 4
from the benefit OF any contracts ihouSh /
the same have already eXpired-wmch. II is i
claimed by the plaintiff in this action 1
together constitute a restraint OF trade Dy |
prohibiting persons from engaging freely /
in the ice business or in any pran'h |
thereof
Resolved That tie officers Of this com |
many are authorized 20 make and DO torth- |
with make TO the Secretary OF state OF !
tho state Of New York the following ap- |
pucation for the cancellation Of its license !
TO the Secretary Of state OF the state ~ +
New York. 49,, .,.. /
ican Ice Company 10 cancel itS LceiSt ~
do business within this state on me ulutI-
standing and condition that said compan4 |
will not thereafter reapply Tor any Such
other or further license # |
BY authority Of the board of directors VI
the conp@sWvHE p@WHER1CAN ICE COMPANY.
nv WESLEY VI. OLER. President
The order Of Justice Hendrick restrains |
.bo defendant from bringing any ac- |
tion upon any Of the contracts or com /
binations entered into as mentioned III |
the complaint Of the suit against the |
company "for the purpose Of preventing !
any of the parties with whom the same |
we're made from entering or engaging /
freely and without restraint in the ice /
business or any branch thereof.
Cheaper Ice for Public.
Resides the signal victory Of the state
in loosening these bonds. the general /
nrblic. as result OF the proceedings he !
Gun by former Attorney General Jack /
son. viii be able to buyIice this summe' /
Of = price lower than IT has been for |
several years. The individual ice pro-
ducers and small dealers will be able to I
resume business
II is understood that the company MI /
also nav the 5000 fine imposed IN |
criminal action against IT, Which has /
been the subject Of appeal
Attorney General Jackson began the /
suit against the American Ice Company /
a bout five wears ago. alleging that the /
had entered into an unlawful !
agreement. combination and conspiracy /
70 restrict competition I'm the manu- |
facture. production and sale of ice. II /
was alleged, also. that tho defendant /
company created and maintained /
monopoly in the supply and price Of ice, /
and conceived 2 plan thu purpose of
which was to control practically all the |
sources Of supply OF ice FOR the city OF
New York.
The proceeding as brought TO restrain !
the company from continuing to commit /
the alleged illegal acts charged in the |
complaint and to have revoked the |
license under which thS company did |
business in this state il being incor-
In another state 1he defendant /
flied an answer denying the allegations. /
and there the matter has stood. Subse-
quentiy the American Ice Company was |
indicted for the same violations of the |
law charged in the civil action. and
Jury in the Supreme Court rendered a
imposed. which Will now he paid 10 put /
an end Of all litigation against the com
rany by the state
Wesley NJ. olor. president Of the Amer /
lean Ice Coppany made statement |
Yesterday. In which he said that IT /
seemed impossible FOR the American Ice |
COMPANY 20 get justice in New York
"The public has been go poisoned |
against US " he said. that even IN small /
damage suits IT is practically impossible |
for the company 10 win unless II has a /
dead open and shut cas" The juries are |
atcays prejudiced against our name"