The Medina sentinel. [volume] (Medina, Ohio) 1888-1961, 1919-09-26
MILK DEALERS Did |
NOT VIOLATE |
ACCORDING TO VERDICT
RETURNED BY THE J
Judge Declares Valentine Antitrust
Law Does Not Prevent Collective
Bargaining.

made the goats in the fight against
the high cost of living was made evi-
dent last Friday when a jury returned
verdict Of not guilty in the case of
seven officials Of the Ohio. Farmers Co.
operative Milk Co., who were indicted
by the Cuyahoga county grand jury
for alleged violation of the Valentine
Antitrust law.
Following the acquittal Of the
dairymen the prosecuting attorney
made the statement that he was not
satisfied with the Interpretation placed
on the law by Judge Powell, before
whom the milk company officials were
tried and announced that his prosecu-
ton of the Cleveland butter and egg
board, and four Cleveland fruit dealers
would depend upon the Interpretation
placed on the Valentine act by the
supreme court of the state.
Those absolved from the charge of
violating the antitrust law by Fri
days verdict are H. w. Ingersoll, of
Elyria, president Of the producers Or
ganization; J. A. Clark, of Medina; S.
A. Hull, of Perry; w. B. Richmond,
Elyria; Allan Mills, Auburn; 2. A.
Kent, Mantua and S. w. Kelner, La
grange.
All of the defendants with their at
torneys, Walter d. Meals and William
81. Boyd, were in the courtroom when
the verdict was read. The state was
represented by Assistant County
Prosecutor Stephen M. Young, who as
sisted Doerfier in trying the case.
"It was the only verdict possible, /"
1ngersoll said. ut is clean vindica-
ton of the men comprising the pro-
ducers Organization"
1--WE produced all the testimony we
had, and we expected a conviction y
Assistant Prosecutor Young said. IF
the verdict Of the jury truly repre-
sents the feeling Of this community in
view of the proof produced, it seems
hopeless to prosecute any antitrust
law violators or food profteers."
The jury began its deliberation at
1850 Thursday morning and the ver-
dict was agreed on at 1880 o'clock in
the evening. At Judge PoWelTs in
structi0fs 1t was sealed and delivered
to him when court opened Friday
morning. VA
According to H. w. Hackenberg,
foreman Of the jury, four ballots were
taken. The first two stood five fo1
conviction and seven for acquittal
The third ballot showed eleven for ac-
quittal and one for conviction. Az
required by law, the fourth ballot was
unanimous for acquittal.
Prosecutor Doer1ier said his next
step would be to try the civil case
asking for the dissolution Of the Ohio
Farmers Cooperative Milk Company.
This suit, filed shortly after the seven
officials were indicted, asks that the
secretary Of state revoke the charter
of the company on the grounds that
it is not carrying out the purposes
for which it was Incorporated, as
stated in the charter.
"This will afford an opportunity to
the supreme court to construe the
Valentine antitrust act" Doerfier said
II am not convinced that Judge Pow
elps Interpretation Of the law is cor
erect. If the supreme court sustains
l the Interpretation placed upon this
! law by Judge Powell, it will hardly
] be of any use to 60 ahead with any
trust cases."
In answer to the prosecutors state
ment, Judge Powell said:
"The gist of the action against the
milk dealers was that they fixed
standardized and increased the price
of milk. The evidence showed con-
clusively that the producers did no!
fix the price Of milk but that the buy
ers did.
IT hold that the Valentine act
grants an organization Of men the
right to collective bargaining. The
intention of the statute is to prevent
formation ,of combination to create
monopoly in, and increase the price
Of commodities.