The Birmingham age-herald., 1913-07-08
j. A. VanHoose, Former
President, on Stand When
Court Adjourns for Day
LONG ARGUMENTS BY
OPPOSING COUNSEL
Government Attempting to Show That
Grocers Have Not Lived Up to
the Decree Rendered
in 1911

ident of the Southern Wholesale Gro
GERS association, was on the stand late
yesterday afternoon in the contempt
proceedings against that association
when court adjourned until $40 o'clock
this morning.
The former president was engaged
in Identifying correspondence which
was given over by him to the depart
ment of justice when the civil suit of
H. G. C1abaugh against Mr.. vanHoose
and others was tried here four years
ago. He will resume his Identification
of credentials this morning. In order
to expedite the case and because of
the slight indisposftion of Mr. Van
Hoose the court allowed him to occupy
room in the government building af-
ter adjournment yesterday where he
was engaged in further identification
of the documents submitted to him for
that purpose by the government coun-
sell
Percy Admits Many Counts
When the court opened yesterday
morning after two hours awaiting the
appearance of Judge Grubb, counsel for
the grocers, led by Walker Percy of
Birmingham. made sweeping admis-
sions as to some of the specifications
of the amended complaint filed against
the association.
Mr.. Percy, for the association, ad-
mitted that the association had con-
tinued its operations as an associa-
ton. To the court, however, he argued
that the decree of dissolution never
contemplated a complete suspension of
operations by the association. On the
contrary. Mr.. Percy argued that the
association had been specially recog-
nized as an association and that no
order had been issued preventing the
operation of the Southern Wholesale
Grocers as an association. He said that
in all the points on which the govern
ment alleged there has been violation
the fundamentals amounted only to
one, two or three propositions.
He said that in order to get the case
over and finished and to show that
no quibbling was to be engaged in by
the grocers' association they would ad-
nit that the famous list of dealers had
been issued subsequent to the decree.
contain only the names OF grocers who
were alleged to be in harmony with the
association and it's principles. He said
that the list was of all the grocers in
the southern states who were enga sed
exclusively in the wholesale grocery
business. No effort he said, was made
to indicate in, the list issued whether
man or firm or corporation was
aligned with the association.
All Were Listed
lie pointed out that men and firms
engaged exclusively In the wholesale
grocery business were listed whether
they wanted to be placed in that book
or not. Mr. Percy in his argument
outlining the position of the defense
said that the list of dealers contains
less than one-third of the members of
the association or that 1t contains
names of which only one third were
members of the association He said
the other names on that list of the
blue book were simply men, firms or
corporations engaged in the business
OF wohelsale grocers in that territory
embraced by the association Mr.. Percy
WIN ehc couit thdl tilc dSsOCldtiOn cOun-
sci did not propose to try the case on
technicalities. On the other hand he
said that 1t was desired that the fullest
Information be shed on the proposition
not only for the present but for the fu-
ture. He said that the association was
fulhlling mission of considerable i'm
portance and it wanted to continue its
work.
Gave Access to Papers
Mr.. Percy in his outline of the de-
Tense said that to show the desire on
the part of the grocers he would re-
late the acquisition of the papers and
other written evidence which had been
taken by the government. That the de-
partment of justice sent Mr.. Clabaugh,
Its special agent, to Jacksonville and
asked him to look over the files was
disclosed by Mr.. Percy. He said that
Mr.. McLaurin, president of the South
ern Wholesale Grocers, without the
least hesitation granted that request
although Mr.. Percy said the govern
ment had no more right to the papers
than any person in the court room In
further statements MIR. Percy said that
II by mistakes of Judgment the asso-
citation had violated the decree the vio-
lation was after the. advice of counsel
so that if any ole was at fault it was
the counsel for the grocers' association.
That the association had not violated
tne decree was an. assertion of Mr..
Percy
The third fundamental to which Mr..
Percy retired was to the allegation
flxa4 - go =. Is.