New-York tribune., 1912-01-24
''BATHTUB" TRUST LOSES
Supreme Court Did Not Prevent
Criminal Prosecution.
U. S. TRIBUNAL so DECIDES
Motion to ouash indictments De-
MED and Twoscore Defendants
Must Stand Trial.

Detroit. Jan. 23.-Judge 4. c. Angel. OF
the United States District Court, dehleu
to-day the motion made in behalf OF the
Colwen Lead Company, of New 1orh' u
ouash the indictments in the government
criminal case against the "bathtuh trust
This action reinstates the case, when Is
scheduled to come up for trial here on
Tuesday, January So There are about two
score defendants.
Referring in his opening speech to the
STANDARD Oil decision, Judge Angel said:
see no reason to suppose that in de-
Hvering its opinion in the Standard on
case the Supreme Court of the Inlted
states intended to render impossible criml-
nal prosecutions under the Sherman act
and ] am unable to conclude that II dd
render them impossible. The Supreme
Court held that the words contract, etc
In restraint of trade were not TO De Inter
preted with literal strictnesS. but reason
ably, in the light Of the common law; me
act does not leave a citizen without any
standard by which in advance OF NerdlCl
or decree he may determine Whether ms
action will amount to reasonable restraint
of trade.
On generally settled principles all con
tracts whose sole or main aim and primary
object is to stife competluon, Snmanu' nam,
prices and promote monopoly are unen-
foceabe and void. II the class or COnlrdCls
which are unenforceable because IN restrain
OF trade Is reasonably certain, ana II the
act as interpreted forbids the making OF
contracts of that class. there is reaSona oie
certainty as TO what is forbidden oy ths s
act If the act is now to be UNDERSTOOD
10 mean that such contracts are forblddeh
as are void upon established legal prlncl-
pies apart from the act itself. II cannot
properly be said that guilt or innocence 1e-
ponds upon nothing but the determnaupn
~ the tribunal before which after the
event person may be tried.
As to the averment that the indictments
do not state that the alleged restraint OF
trade is unreasonable or undue. Judge An
geu said that the indictments set out facts
showing that the alleged restraint was un-
reasonable and that the defendant was
fairly advised as TO what II has TO meet
at the trial
Upon the contention Of the defence that
no overt act after the alleged completion
OF a conspiracy was shown. Judge Angel
ruled that the facts presented as overt
acts could fairly be considered as acts
done in pursuance of the combination and
conspiracy alleged TO have been completed
saying:
II Il should be shown that no combina-
ton or conspiracy was completed prior 10
the date alleged as the date or the per
fornn9nce Of overt acts, serious queslon
may have TO be met, as to the jurisdiction
of this court
The Immunity plea was commented upon
briefly by Judge Angel as having been al
ready disposed of by Judge Denison in the
local federal court. On the contention that
no competent evidence was presented be-
fore the grand jury. Judge Angel said:
without entering into any discussion Of
the perplexing question how far court may
Ink intn tho proceedings OF grand Jury,
the presumption is in favor of the action
of the grand jury, and there is no showing
that no competent evidence was presented
20 warrant the quashing of the indlct-
mentS.
Washington, Jan. 23.-Edwin P. Gros-
venor. special Assistant TO the Attorney
General, will leave Washington within
few days to take charge Of the prosecution
of the "bathtub' trust case at Detroit De
partment of Justice officials were elated at
the failure of the defendants TO have in
dictments quashed.