The sun., 1918-11-24
MILK PRICE INQUIRY
HYLAN-SWANN PLAN
John Doe Proceedings Will Be
Started Before Chief
Magistrate McAdoo.

A John Doc inquiry will be conducted
with the object OF bringing out in pub
lie all facts In connection with the rails
Ing of the price of milk and with the
Idea OF determining whether any per-
sons have made themselves liable TO
prosecution. The inquiry will be con-
Quoted by District Attorney Swami at
the request Of Mayor Hylan.
"A John Doe inquiry before the Mag
istrate. giving the officials and directors
OF the Dairymen's League and the dis
tributers an opportunity to testify In
open court along with other testimony
that can be produced" Mayor Hylan
wrote to District Attorney Swami yes
terday, mo doubt will result in an ex-
posture OF these price fixing conspirators
and land some OF these so-called re-
spectacle gentlemen hiding behind cor
porate names behind the bars, where
they belong.
AT least these proceedings in open
court will give to the people an oppor-
tunity to know the names OF the men
and the methods resorted to to drive
out competition and the public officials
who spend their time defending the in
crease made by the milk trust and ap-
prove of their conduct In fixing the price
OF milk whereby thousands OF children
are starving and dying.
There Is no meaner or more despic-
able criminal than the man who profits
by the suffering and misery OF children"
Points to Conspiracy Law.
The Mayor didn't think much OF the
District Attorneys legal opinion that his
hands are tied as far as prosecuting the
Dairymen's League is concerned. be-
cause Of an act of the Legislature.
passed after the indictment of league
officials for an alleged violation OF the
Donnely antitrust law, exempting
farmers organizations from the opera
ton OF the law.
This act interferes." Mayor Hylan
told Judge Swami. I'm no way with the
crime OF conspiracy, Section $50 OF the
Penal Law
Two or more persons combining TO
drive out competitors and raise the
price OF milk which is beyond the reach
OF thousands OF people, causing TIE
deaths of thousands of children through
out the city. is an act injurious to the
public health. public morals. and to
trade and commerce and no leg islativs
act or judicial decision can protect
such conspirators.
I'VE have stopped parading Of red
flags in this city, let us put behind the
bars the men who conspire to exploit
the people and make red flag paraders
and bring on state OF mind among
them which provokes unlawful acts aud
unlawful deeds.
"Wha; father or mother will not feel
agGrieved with public officials and their
government when their children's lives
are being Slapped ont for want of milk
because of the inactivity of public Off
Gals. whose duty II Is to enforce the
laws and protect the people from such
couspirators?
The independent shipper of milk had
no other method OF disposing of his milk
except through trust channels because
II was impossible to get his milk into
New York in any other way. This
placed the distributor OF milk or milk
trust in position TO fix the prlc" #
milk paid to the dairymen OF farmer
and also the price TO the consumer in
the city.
To-day It would appear there Is
conspiracy between the Dalrymen's
League and the distributors Of milk TO
raise the price OF milk an additional
cent per quart. Within three weeks
MIR. Hoover. the Food Administrator,
lNb luCItiStS III tlle price or
milk, bringing the cost to-day to 10
cents per quart
ANY argument TO Justify the milk
trust in raising the price Of milk pre-
scented by Judge W. T. Lamb, chief of
the dairy division of the Federal Food
Administration; Cot George r. Merlin,
Medical CORPS. u 8 A., and Dr.. CLYDE
L. King, Federal Milk missioner,
upon whose recommendation TO Mr.
Hoover the price OF milk was Increased,
am sure will have no effect upon the
action of the District Attorney Of New
York county
District Attorney Swami wrote right
back TO Mayor Hylan that the Lcs!sla.
ture last spring exempted the da!rymen
and farmers not only from the effects
OF the Donnelly antitrust act but also
exempted them from the conspiracy sec
t!on OF the Penal Law However. n,
said, the Investigation may proceed with
a view to determining whether or no;
any other persons engaged in the sale or
distribution of milk are still amenable 10
prosecution,