South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-08-12
STANSBURY WILL
ORDER ACTION To
CURB AGREEMENTS
Indiana Statute of 1907 Pro-
videS Heavy Penalty For
Combinations.

The September grand jury may be
asked 10 investigate alleged price
fixing contracts. combinations and
understandings by means of which
prices of food and other commodities
may be held up in st. Joseph
county
Atty Gen Stansbury OF Indiana
81 preparing a letter TO be sent 10
Pros. Samuel =. Schwartz and every
other county prosecutor in Indiana,
directing attention 10 the state law
against price fixing agreements and
understanding Following receipt
II this letter, which is 10 be sent out
next week. the prosecutor is expected
I 90 employ the broad powers given
in the law OF 1907 10 uncover any
I violations Of the antitrust act in
81 Joseph county
Prosecuting attorneys are inde-
pendent OF the attorney general in
most matters but the latter has pow
\ or 10 direct them TO enforce the pro-
\ visions Of the antitrust law, hence
/ the initiative OF Mr.. Stansbury.
Any concerted rise in prices Of
]
\ indicates "A price fixing agreement
/ provides the basis for an investiga-
\ zion, which once under way may be
carried ON with specifically accord
I ed broad powers. The attorney gem
I eraI believes that combinations and
understanding exist i'm violation Of
/ the law OF 1907 and admits that the
I problem is TO get sufficient evidence
\ TO make u good case in court.
Action against illegal price fiNers
must Joe instituted in the name OF
the state OF indiana, on the relation
I OF taxpayer or By the prosecutor
I directly. The prosecutor may re-
quest an examination OF the defend
ant and the latter is required 10 an
swcr under oath. The costs of the
ease IL not assessed against the de-
PENDANT in the Judgment. are borne
uy the state. An appropriation OF
$4,000 is available for investiga-
tious and prosecutions -nder this
ac-.
Other Provisions.
II the defendant fails 10 comply
with orders TO answer interrogatories
or produce books and papers, then
the law provides that ga plead
inLs OF such defendant falling 20 TO
comply with such order OF nOt q
shall bC stricken from the nles upon
motion supported 10y aridavit and
the allegations OF the Information as
20 such defendant in default shall
be taken ass confessed and judgment
and decree shall Doe entered accord
inEiy"
The penalty COR conviction. cor In
case OF confession Of Judgment by
refusing 90 answer questions and
supply books and papers for ex-
animation. is tine of not more than
$4,000. 90 which may be added inn
prisonment i'm the county Jail OF
workhouse for a term not exceeding
one year. i'm the discretion OF the
court or jury trying the case
DO Not Need Jury.
The law provides for speeding up
prosecutions. not only by the films
OF information direct in court instead
of waiting for grand jury action, but
also boy Cling with the court a Ger
tihcate or Importance and the
court shall thereupon make the pro-
per order in the premises
The provisions OF the Jaw are de-
ciared To be cumulative or supp e.
mental 20 each other, and 70 The
common law OF this state relative "a
combinations ia restraint OF trade
and 10 all other laws in any way ar
focring the provisions Of the anti
trust act.
MAY Recover Damages.
ANY private person who can prove
that be has suffered by violation Of
the law may recover damages three
times as great as sustained. together
with the costs OF the suit. including
I am attorney fee.
Besides authorizing ne attorney