The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-09-28
GOVERNMENT and
DEFENDANTS WIN
BYCOURT'SORDER
Demurrers Overruled By
Judge Amidon In Anti
trust Cases
u. S. MUST GIVE
= FULL DETAILS
Directs That Bill of Par
ticulars Be Furnished
Within Is Days

Although Judge Charles F. Amidon
Of the federal court, late Thursday
afternoon overruIed the demurrers
interposed by the defendants to the
indictments against the Nash Broth
ers' interests, wholesale fruit and
grocery dealers which charges them
with operating in violation of the
Sherman antitrust act, he demands
that the government shall within if
teen days serve upon counsel for the
defendants a bill of particulars.
The companies charged with viola
ton of the Sherman antitrust law
under indictments returned at the
last session of the federal grand jury
in Fargo last July are Nash Broth
ers, Gamble Robinson company,
Stacy Bismarck company, The Cen
eral Brokerage company Of Mime
apolis and Grand Forks.
It was alleged by the government
that these companies entered into a
conspiracy and obtained from retail
fruit and grocery dealers excessive
and unwarranted profits. 1t was fur
Their charged that this conspiracy
was to prevent the purchase of fruit
by wholesale dealers within the vari-
the defendant companies.
The charges were the first of the
kind to be brought by the govern
ment in North Dakota. Several weeks
ago, Attys. Henry ]. Linde of Bis
marck. Pierce Butler of st. Paul, and
Charles ]. Murphy Of Grand Forks.
appeared for the defendants and
entered demurrers.
The direct result of the courts
order is that the cases will be
brought to trial. The official order
Of the court follows:
United States VS.. Nash Brothers,
a corporation, Stacy Bismarck Co, a
corporation, Gamble-Robinson Co,
a corporation, General Brokerage Co.,
corporation, F. P. Nash, w. K.
Nash, w. A. White and H. B. Finch,
defendants.
This cause came on to be heard
upon the demurrers interposed by the
defendants to the indictment and was
argued by counsel for the respective
parties and submitted. The court
having duly considered the same it
is:
Ordered. that the said demurrers
be and the same hereby are over-p
ruled.
1T is further ordered that counsel
days from the date hereof, prepare
and file with the clerk Of this court
and serve upon counsel for defend
ants a bill of particulars showing:
1.-THE competitors whom the
United States claims the defendants
have unfairly dealt with, stating the,
names and places of business of such
competitors and the nature and ex-
tent of competitors business, and
specifying the acts which the gov
eminent claims the defendants did in
their dealings with respect to such
competitors which were violative OF
the antitrust act.
"2-Showing the classes Of fruit
dealt in by defendants, and their
competitors and stating how the same
is handled as articles Of interstate
commerce and specifying If such is
the claim Of the government how 1t
is claimed by the government the de-
PENDANTS have by their restraint and
monopoly of interstate commerce
compelled the producers OF such
fruits to sell the same at unfair and
unreasonably low prices.
"3-Showing If such is the claim of
the government how the defendants
have by their restraint upon and
monopolization of interstate COM
merce compelled retail dealers and
consumers of fruits claimed to be
controlled by defendants to pay
unfair and unreasonably high prices
for such fruits.
Dated Sept. q. 1917.
Charles F. Amidon,
Judge"