Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-03-14
CASH REGISTER
DEFENDANT GET
ANOTHER TRIAL
United States Circuit Court of
Appeals ReverSeS Findings
of Lower Tribunal Where
Trust Conviction Occurred,
,.y MORNING JOURNAL SPECIAL LEASED w,stl


Cincinnati, o., March 13.--IIolding
that the evidence on one count was
insufficient and that neither Of the
other two counts should have been
considered by the district court which
tried the case, the United States cir
cult court Of appeals for the Sixth
circuit overrued today the decision
Of the lower court which convicted
John II. Patterson and tWenty-sx 9TH
er officials or former officials Of the
National Cash Register company Of
Dayton o., Of being guilty of violat-
ing the criminal section of the Sher-
man antitrust act and remanded the
case back to the lower count for a
new trial
The first count charged conspiracy
10 monopOlze the cash register trade
of this country, while the other two
counts charged the monopoly Of the
trade. The upper court held that
while the first count was I'm proper
form to present to the Jury, evidence
had been introduced during the three
year limit of law previous to the find
ing Of the indictment. This evidence,
the court said, should not have been
allowed.
No Conspiracy Shown.
The court continued.
I'VE think that there was conspir-
acy against competitors during the
years that the National Cash Regis
ter company was making its first
fight, but the evidence showing that a
conspiracy did exist, only brings us
10 the door of the three-year period
and it was for us to decide whether 1t
had ente.ed that door"
In the decree the court paid a
tribute to the National Cash Register
company. 1t said:
"ln justice TO the national company
and the defendants it should be noted
that it was the pioneer in the cash
register business and developed 1t. 1t
owned the basic patents and must
have acquired in u proper manner a
very great number OF improvement
patents. In addition to this it had the
advantage of a very great capacity in
the management of its affairs. These
two considerations together, without
reference to any unfair treatment of
its competitors, are sufficient in them
selves to account in a large measure
for the success il has attained And,
il is not unlikely that its trade was
pirated by other competitors besides
the American of Philadelphia, and
the Boston, against whom it obtained
DEGREES of infringement, and that
these, as well as others, in their COM
petition with it resorted to some of
the tactics complained of here
In another part of the decree the
court said:
The defendants also requested the
giving of three instructions embody-
% ffY.a 20.
what it was not unlawful for the de-
PENDANTS to do in their separate ca
pacities as officers and agents Of the
national, towit:
First. to require the agents Of their
company to report the names Of per-
sons who had purchased cash regis
tiers from competitors or to secure
samples Of the machines from time to
time put on the market by Competi-
tors.
Second, to sell or offer or try to
sell National cash registers to persons
who had bought and owned compel
ing registers in exchange at such
price as was satisfactory to the par
ties
Third, to compare by comparative
demonstrations or otherwise cOmpeti-
tive cash registers with National cash
registers for the purpose of demon
strating the superiority Of National
cash registers and thereby induce the
prospective purchaser to purchase the
National cash register"
No objection can be made to the
latest propo sition, but the other two
were too broad. They need qualifi-
cation. 1t is unlawful for a defendant
TO do as stated in the second PROPOSE
ton if the doing there involves the
purchaser and owner of the compel
ing cash register breaking his contract
with the competitor in any particular
or was done for the purpose of driv-
ing the competitor out of the cash
register field.