Daily Kennebec journal., 1913-12-26
2OWhdIesa|e MissouriLum-
Der Cos. Held Up.
License Of -Four Other Cos. Re.
yoked and Fines Imposed.
Supreme Court OF That State En-.
forces the Antitrust Law.

JEFFERSON City, MO-, Dec. zo.-l lie
Missouri supreme court issued decree
Of custer Wednesday against 20 whole
sale lumber companies. but suspended
the decree on condition that the COM
paries pay fines amounting to $439, 600
and hereafter conform to the states
antitrust laws The licenses cf four
other companies not incorporated in
Missouri were revoked and fines were
imposed. The license revocation was
suspended also on the same terms.
Under the stay of execution order
none of the domestic or foreign COM
panies actually is excluded at this time
from further business in the state. The
supreme court however. retains juris-
oiction in the cases to see that the laws
are complied with in the future. The
reason the court suspended the decree
cf custer is set forth thus:
Being of the opinion that there are
diverse degrees Of guilt among these
respondents, and that upon the surface,
at least, the Yellow Pine Association
has reformed the evils which it long
openly and fagrantly practiced, we
are Of the opinion that the ends of
Justice will be subserved by granting
ther order of this court, of the decree
of forfeiture and custer as TO some of
these respondents upon the payment
CT the fines severely assessed against
them within 80 days"
Judge Faris, who prepared the opin-
ion, discussed the right of manufae-
turers to issue a price list. He said:
1--WE are not to be understood as
declaring as matter of law that deal
ers or manufacturers of any vendible
commodity may not issue price cur
rent. But such a list or compilation
of prices ougt either be compiled ana
promulgated by an Indifferent or who'll
ly disinterested person, or If compiled
and promulgated by an interested per-
son it ought to be honestly and fair
ly compiled; it ought fairly to repre-
sent current prices. as based upon ac-
tual offers to buy and actual offers
to sell, and not misrepresent such
prices with a view to boosting any
price of any item or items.
ITO pursue the matter further would
be merely to define common honesty,
the rules of which, in the last analy-
sis, all the respondents in this matter
are by law required to follow
The suit of the state was based on
the theory that the wholesale lumber
dealers named were members of the
Yellow Pine Manufacturers Associa
ton, which included Missouri, Arkan-
sas, Texas, louisiana, Mississippi,
Georgia and Florida. When the suit
was filed the association had 800 MEM
har 1I haI with TS00 Iilrr-
Der firms. 81
The court held that as the Yellow
Pine Manufacturers Association was
not sued the court was without pow
er as regards 1T, except that the as
sociation should square its conduct by
the rules of ethics laid down by the
court.
The decree of the court was issued
in accordance with the recommenda-
ton of a special commissioner, who
after taking testimony reported that
the companies had entered into an il
legal agreement to control the price of
lumber and limit the production
thereof
The commissioner found that the COM
panies had violated the law in the fol-
lowing ways:
BY using what was known as an asso-
citation price list
BY curtailing the output of lumber in
1904 and 1908 for the purpose of increas-
ing the price Of yellow pine lumber.
BY entering into what was known as
the Joint trade relations agreement In
1904 between members of the Yellow Pine
Manufacturers Association and members
of various retail dealers associations
BY blacklisting certain dealers who did
not conform to trade ethics by divid-
ing the territory and by refusing to sell
to consumers in carload lots or to CO.
operative stores.
The names of the foreign companies
whose licenses were revoked and the
fines imposed are Chicago Lumber and
Coal Co. $4,000: the Dierkes Lumber &
Coal Co, 5000; the Arkansas Lumber
Co., $1,000. and the Freeman Smith Lum-
Der Co., s1000
The Detroit Timber & Lumber Co. was
found not guilty because it was not def
nitely shown that the concern was a
member OF the Yellow Pine Manufacture
ers Association.
The suits against the lumber COM
panies were filed in 1908 by Herbert II.
Hadley, then attorney general, acting
IN concert with the attorneys general
of Kansas, Oklahoma and Texas, who
filed similar suits In their states.
The custer decree, but suspended,
applies to the following companies,
which are also fined the amounts in.
dicated: The ALI Bennett Lumber Co.,
$4,000; the Bowman Hicks Lumber
Co., $4,000; the Bradley Lumber Co.,
$4,000; the Calcasieu Longleaf Lum-
ber Co.. $4,000; the Colonial Lumber
and Timber Co., 100000 the Central
Coal & Coke Co., $50, 900; the C. ]. Car
ter Lumber Co, $4,000; the Daxie Lum-
ber Co.. $4,000; the Foster Lumber Co.,
$4,000; the George w. Miles Timber and
Lumber Co., $1,000; the Grayson-Mc-
Leod Lumber Co., 100000; the Hogg-
Harris Lumber Co, $4,000: the Leidigh
Havens Lumber CO., $4,000; the Long
Bell Lumber Co., $4,000; the Lewis
Werner Sawmili Co.. $4,000; the Luf-
kin Land and Lumber Co, $4,000; the