The state herald., 1912-03-15
COURTS AFTER
FOOD TRUST
COLORADO COURT OF APPEALS
HANDS DOWN SWEEPING
DECISION.
PROFITS 500 PER CENT
BETWEEN PRODUCER AND CON,
sUMER PROFITS OF 500 PER
CENT. ARE MADE.
Western Newspaper Union New, Service.

Western Newspaper Union News Service.
Denver.-The Colorado Court of Ap
peals, which is the court of final jur
isdiction in this case. sustained Dis
trict Judge George w. Aliens injunc
tion against the unlawful practices OF
the food trust in the sugar case Of
1907.
The opinion, which is one of the
most sweeping and far-reaching ever
handed down by a court in this coun
try in a trust case, goes farther than
Judge Aliens decision.
1t declares that no antitrust stat
ute is needed to secure the criminal
indictment of those responsible for
the combines. 1t upholds the right
OF the attorney general of the state to
enjoin combinations organized to fix
prices, destroy competition and con
troll the law of supply and demand
upon all necessities of life. 1t gives
the authority for criminal prosecu'
tions TO district attorneys and district
courts under the conspiracy statute OF
the state, when the common law has
been violated The penalty for viol.
alton is not more than 100000 fine
and Imprisonment from three months
to two years.
The district attorney and the Dis
trict Court OF this city were in doubt
as to their right to hold a grand jury
investigation and prosecute criminally.
The decision OF the Court of Appeals,
the highest judicial utterance in the
state. gives them the rights mentioned
and becomes law itself.
The defendants in the case are the
Denver Jobbers' Association, Retail
Merchants Association OF Colorado,
Denver Retail Grocers' Association, ].
5. Brown a. Bro. Mercantile Co., Nave.
McCord Mercantile Co., Struby-Esta.
brook Mercantile Co., c. r. Hurd Bro
kerage Co, Merchants Biscuit Co
Northern Colorado Wholesale Grocery
Company, o. b, Kinkle, w. G. Cain, T.
II. Douglas, w. II. Howell, A. T.
Sweet, J. n. Mcclellan, ]. A. Beckman.
A. J. Beckwith. G. L. Slmonton, II. A.
Galbraith, ]. r. Gardner. F. d. Thomp.
son, f. W. Babcock and the Jacob
savageau company.
Other defendants are the members
of the Denver local No. /. the holding
body OF the allied concerns and the or.
ganization through which the unlawful
acts OF the food trust are put forward
in the many locals established in ev.
cry large center in the state.
Presiding Judge Tully Scott handed
down the opinion. which was con
CURED in by every member OF the
Court OF Appeals.
Attorney General Griffith says that
he will vigorously prosecute any new
combinations Of an Illegal nature.
when able to establish such a combl.
nation by competent legal evidence.
The findings OF the court are that the
combinations named In the complaint
which include the Denver Retail Gro
GERS Association. the Retail Merch.
ants Association OF Colorado and tho
Denver Jobbers (the wholesale organ.
izatlonl are unlawful under the com.
mon law OF James l.. which became
the law OF Colorado when adopted by
the Legislature In 1861. Being unlaw.
full combinations. say the court. they
are amonable 10 the conspiracy sta
tute OF this state.
Attorney General Benjamin Griffith
issued a statement. saying that he
would institute contempt proceedings
agains, any and all who had violated
Judge Aliens decision. The penalty
Is fine and imprisonment Legitimate
business enterprises. however, have
nothing to fear from the attorney gen
oral.
Neither can any Legislature by an
act turn over nm entire trade to n sin
Gle corporation or combine OF corpor,
auona because that would be incon'
slntent with ciyil liberty.
II was shown that profits Of 500 per
cent between the producer and tho
consumer were made by the frui,
ring. that fresh fruit was dumped by
the carload upon a dump well known
to all commission merchants. to main
tain an unnatural and oSorbitnnt price
upon fruit
The right of the state 10 n positive
action against the offenders Ia abao
lutte when the rights Of its citizens
Incapable ui protecting Themselves
from the effects OF the combinations
are at stake
Los Angeles Girl Kills Man,
Los Angeles Miss Viola Carver q
NaubW aud bauusutnn uaNadpua si.t