The Birmingham age-herald., 1913-07-30

said. showed that this had not been
done
In regard to the grounds on which
Mr. Hunt and Mr. Meleher were fined
Judge Grubb had the following to say:
II am quite clear in my own mind that
they both violated the decree in the
letters they wrote 1t does not admit
of but one construction: Their attempt
was to prevent a manufacturer from
selling a retailer, and that Is in the
direct teeth of the decree"
Great Victory, Says Clabaugh
"A great victory, said Hinton G..
Clabaugh, special agent for the depart
ment of justice in reference to the de-
cision of Judge Grubb yesterday. Mr..
| Clabaugh has prosecuted the grocers as
| ISOLATION with great zeal during the past
| six years, and to Mr.. Clabaugh, 1t is
| claimed the greatest credit is due, II
| there is any credit coming for the exten-
sive prosecution of the grocers case In
| this city He drifted into a position as
special agent for the department of jus
| tice because of his unusual familiarity
with the case. subsequent to the ciVil
] suits that he started here. one or them
was in the county court and the other
| in the federal court. He is naturally
| very much elated over the decision OF
Judge Grubb.
Mr.. Clabaugh was a young wholesale
merchant in Birmingham some years ago.
He was before that a salesman for Sid
w Lee. He entered business with two
partners on limited capital and on ae-
count of the alleged hindrance of the
grocers' association who We're aligned
with the manufacturers he was run out
of business That was under the admin
istra ton of j a. VanHoose as president
of the association. He says now that
VanHoose has been made the goat by
the association as he says the association
has tried to escape under the cloak Of
Mr.. VanHoose's alleged misdeeds. He
carried on vigorous campaign against
the grocers locally and was given a judg
ment against Mr.. VanHoose and the as
ISOLATION In the county court FOR $4,000
which was paid and wherein clabaugh
released the president and the association
That afterwards proved his pndong in
the federal courts where he also sued
for damages and was thrown out.
Went Before Senate Committee
Mr.. Clabaugh went before a senate
committee complaining of the acts of the
g1ocers and the department of justice
was ordered to dissolve the association
il possible. o. E. Harrison, assistant to
the attorney general; w. S. Kenyon, as
sstant to the attorney general; j. II.
Montgomery, deceased. special district at
torney: n l.. Steele, special assistant dis
trict attorney-since removed by Taft
and o. ID. Street represented the govern
ment
The dissolution suit was filed here and
subsequently, compromised. In the com
promise the association counsel, General
Luke F. Wright and Caruthers Ewing,
agreed to the restraining order the
theory that it did not prevent the asso-
citation from doing anything that II wished
to do
That was in 1911
Since that decree the association is al
legged TO have continued some of its ac-
tivities and was cited for contempt some
weeks ago. The case was started here
three weeks ago being adjourned for one
week. The official stenographers, Stall
ings and Brazelton, reported over SOC. 600
words during the case, which is among
the most extensive reports ever made
here IT is believed the case will be ap-
pealed as the grocers association is
anxious to clear its skirts of any wrong
doing il possible.