The Elbert County tribune., 1912-03-15
COLORADO COURT OF APPEALS
HANDS DOWN SWEEPING
DECISION.
PROFITS 500 Per CENT
BETWEEN PRODUCER AND CON-
sUMER PROFITS OF 500 Par
CENT. ARE MADE.
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Western Newspaper Union News Service
Denver.-The Colorado Court OF APP
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 court in this coun-
try In a trust case, goes farther than
Judge Aliens decision.
It 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-
uons to district attorneys and district
courts under the conspiracy statute OF
the state, when the common law has
been violated. The penalty for VOL
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 criminaliy
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, J.
S. Brown & 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, It.
H. Douglas, W. H Howell. A. T.
Sweet. ]. N. Mcclellan, j. A. Beckman.
A. J. Beckwith, G. E. Simonton, H. A.
Galbraith. J. R. Gardner, F. D. Thomp-
son. e. w. Babcock and the Jacob
Savageau company.
sssOther defendants are the members
Of the Denver local No. 1. the holding
body Of the allied concerns and the or
,ganiEation through which the unlawful
acts OF the food trust are put forward
tn~the many locals established in ev-
cry large center in the state.
'a' Presiding Judge Tully Scott handed
Gown the opinion, which was con-
curred 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 combi-
cation 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-
hpts' Association OF Colorado and the
Denver Jobbers (the wholesale organ
Hzation) 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-
ful combinations. say the court, they
are amcnable to the conspiracy sta
'etute OF this state.
Attorney General Benjamin Griffith
Issued statement. saying that he
would Institute contempt proceedings
against any and all who had violated
Judge Aliens decision. The penalty
is fine and Imprisonment. Legitimate
business enterprises, however. have
snothshg to. fear from the attorney gen.
eral.
Neither can any Legislature by an
act turn over an entire trade to sim
gle corporation or combine OF corpor-
ations. because that would be incon-
sistent with civil liberty.
1t was shown that profits of 500 per
cent between the producer and the
consumer were made by the fruit
ring: that fresh fruit was dumped by
the carload upon dump well known
to al commission. merchants. to main
tain an unnatural and exorbitant price
upon fruit.
The right of the state to a positive
! action, against the offenders is abso-
lutte when the rights of its citizens,
Jncapable of protecting themselves
from the effects of the combinations.
are at stake.
Los Auoeles Girl Kills Man.