The Birmingham age-herald., 1913-07-08
Information Never Volunteered

not to sell to those not connected with
the association
Information Never Volunteered
Mr.. Percy said that the association
never volunteered any information to
any manufacturer which would in
fiuence anyone to refuse to sell to any
wholesale grover. He said that vol
untary information had been given con-
sisting of one line: That firm is not
exclusively Wholesale" that such gra-
tutious information without solicita-
tion might be construed as being in
restraint of trade. As against that the
ory Mr.. Percy ayerred that the asso-
citation admitted that all letters seized
or photographed by the government
and to be placed in exhibit had been
written by the president or the sec
retary of the association.
However, Mr. Percy said that only
when specific request for information
was received had the officers of the as
sociation furnished any manufacturer
with data as TO men in this section of
the country. He added that the gro
GERS association had right to be an
association for mutual benefit, that the
association had a right to issue the
list of dealers and finally had a right
to give information as to persons,
firms or corporations in this section
by manufacturers especially. He de-
MED that any violation OF the decree
had ever been countenanced and said
in order to get through the case all the
sweeping documentary evidence would
be admitted without dispute by the
government.
As for alleged statements about the
decree Mr.. Percy said they were also
admitted. He said that the government
charged that two or three members
made remarks about the decree con-
corning which he said there was no dis
,pute.
The reamrks of Mr.. Percy We're taken
to mean that the case would not oe-
cupy much time.
Street States His Case
However, o. ID. Street, district attor-
ney, exploded that theory when he
replied to Mr.. Percy The district at
torney who has been handling the case
for four years, said that he was not
prosecuting the grocers. He said the
government was not after the associa-
tion for operating its own affairs. How
ever, he said that the United States
would not permit any two men or set
of men to merger their affairs into a
combination and tell the other man
what he could or what he could not
do. Mr.. Street said that the association
members had agreed, as he would show
to operate in such a way and against
certain parties not members of the
association, which was clearly in viola
tion of the Sherman law.
He said that members when they Joined
the association agreed that they would not
do such and such things and said in i'm
piled ways that the other fellow shall not
do so and so. He said that was in viola
tion of the Sherman antitrust law and
that was the line of the government prose-
cution. He added that the government
was in position to show that the blue
book was unchanged, that the list of fair
manufacturers had constantly been issued
since the decree and that specific VIOLA
tions had taken place since the decree
which warranted the prosecution for con-
tempt of court.
What Government Contends
Proceeding on that theory the govern
ment Will undertake TO show that the
grocers have violated the decree of the
court enjoining them from operating in
restraint of trade. During the afternoon
1t became clear that the government will
attempt to show that all along the grocers'
association has maintained a conspiracy in
restraint of trade. 1t is alleged or will be
alleged by the government that inasmuch
as that agreemnt was reached in the
past and prior to 1911 and as it has never
been undone but has been continually
practiced the contempt case Is well
grounded. II will be shown according to
Mr.. Street and Hinton clabaugh of the
department of justice that from the begin
ming of the association conspiracy has
been carried out which has never been