The Birmingham age-herald., 1913-07-11
Declares NOn-Members as
Well as Members Were
Listed
WILL CONTINUE HIS
TESTIMONY TODAY
District Attorney Street Names De-
PENDANTS Against Whom Specific
Charges Will Be Made-Ex-
pect Conclusion This Week

J. II. McLaurin president of the South
ern Wholesale Grocers' association, was
placed on the stand yesterday afternoon
by the defense in the contempt proceed
ings against the association. He Will
continue on the stand this morning ana
1t is believed the defense will close to-
day unless the cross-examination by the
government is more extensive than an
ticipated.
Mr.. McLaurin testified to only one prin-
cipal point, that in reference to the pub
lication of the famous blue book, or list
of wholesale grocers in sympathy with
the association.
Mr. McLaurin testified that the list was
not prohibited by the government. He
said that the government prohibited the
association from publishing q directory
containing only names of wholesale gro
GERS who agreed to work in harmony
with the association or were members. He
said that such had never been done. He
said the directory contained the names
of all wholesale grocers in the south and
was accurate as possible according to
their efforts. He said that every whole
sale grocer of the south engaged in that
work was published in the book whether
he wanted to be or not
Refused to Become Member
Mr. McLaurin went further in his tes-
timony in reference to the publication of
that book He held In his hand printed
copy of the famous blue book and started
with the first state on the rolls. He
read name after name of wholesale gro
GERS listed in the book and under oath
recited circumstances under which those
listed refused deliberately and time and
time again to come under the alleged pro-
tecting wings of the grocers' associa-
ton He recited that he asked one man
to join who told him that he was not in
sympathy with the association, did not
believe it would do him any good and
besides that he did not intend to let
any association tell him how to operate
his business. Case after case of that
sort was detailed by Mr.. McLaurin from
the printed directory furnished him to
read from.
From testimony of Mr.. McLaurin and
odnl 1ullllpS Ol ltlllpHiSs IL lOIif1tI llitI1-
ber of the association, it developed that
the association had operated without a
charter during the year 1903 and a part
of 1910. Mr.. McLaurn said that he had
never seen any constitution or bylaws
of the association except that under
which the association has been operating
since the dissolution suit was started
by the government. That constitution he
testified, was drafted. so he was informed,
by Gen. Luke e. Wright and caruthers
Ewing of Memphis attorneys for the as
ISOLATION. He said that he was elected
president of the association to succeed
President Sam Phillips in 1910. when the
meeting was held In Chattanooga
Acted Under Advice of Counsel
He said that he treated with w. S.
Kenyon. assistant attorney general; o.
saw Attorney General Charles Wicker
sham and other officials OF the depart
ment of justice in reference to the case
when negotiations were on for the dis
solution. During all the negotiations, he
said. he was acting under the advice of
Gen. Luke Wright, chief counsel for the
association. He testified that General
Wright advised him that it was perfectly
propert to continue the publication of
the list and that he would have been
unwilling to continue that publication had
General Wright advised otherwise.
The witness said that the associat ton
furnished copies of the book to those
on the list, to those who had previously
requested them and to manufacturers
subsequently who happened to make the
A.
den Burr, of Percy, Benners & Burr. who
conducted the examination. the witness
said that under no circumstances were
lists furnished except upon request.
He testified that one-third of the whole
sale grocers listed in the famous book
were members which left the remainder
as non-members of the association. lie
said that when man opened business
anywhere In this territory an investiga-
ton was started and whether the man
wished it or not he was placed on the
list provided always, of course, that he
was a wholesale dealer. Every effort the
witness declared was made to keep the
compilations perfect.
Mr. McIaurin testified that all the deal
eres listed in the book were asked and
solicited to join the association and those
who were not members he presumed elect
ed not to join the association preferring
not to do So He related at this juncture
that he sought expressions about whether
the listed dealers were In harmony and
found that a great many of them were
violently opposed to the association and
it's work. He said that a proposition had
been made as to whether the association
could assist in regulating prices and that
advices had been given that it was not
the function of the association to UNDER
take any such task.
Mr. McLaurn then was given a list of
the groeers about which so much has
been said. He went through the list and
who absolutely refused to join the asso-
to get new members and how repeatedly
cold water would be thrown on some
meeting held for the purpose of getting
members In various localities when some
local leader would criticise the Southern
Wholesale Grocers' association.
He said that at Newburn, s. C., he was
with man only two minutes who was
asked to join the association and not
only refused to do so. but said that he
did not have time to talk about such an
improbable proposition. Mr. Mel. I.aurin
said he was with the man In question
about two minutes and left for fear the
man would get riled up.
The testimony of Mr. McLaurin was
just exactly in line with what was ex-
peeted by the defending counsel and they
will rely considerably upon the further
testimony of Mr.. McLaurin to purge him,
the association and other directors OF
contempt
The defense will undertake to show