The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-03-27
Attorney General Brings Sweep
ing Action in District Court
INSTRUMENTATION to Hold
Up Retailers Alleged-One
Foreign Concern Would be
Barred from State >


Nash Bros. the G. l.. Robinson Co..
the General Brokerage Co.. the Grand
Forks Mercantile Co.. the DeCamp
Fruit Co.. a foreign corporation; the
Minot Grocery Co.. the Stacy-l.ake Co..
the Valley City Fruit Co.. the Stacy
Bismarck Co.. the Park. Grant Corri-
gan Co., the Williston Grocery CO.,
the Ward Fruit Co., the Gamble Robin
MinOt Co.. the Gamble Robinson Valley
City Co.: the Gamble Robinson James
town Co.. the McGran-Reynolds Co.
and the Lewis-Viger Co.. all of which
are engaged in the wholesale fruit
business in North Dakota. must defenu
their corporate existence in u suit in
Stituted this week by Attorney Gen
eral LANCER to secure the revocation
Of their charters. on the alleged
ground that they constitute a trust.
Judge w. NueSsle. in district court,
has issued an order directing the de-
PENDANTS to appear April s to show
cause why the court should not grant
the leave prayed by the attorney gen.
eral to bring an action for the pur
pose Of cancelling and annulling the
charter of each of the defendant cor
pOrations. The action is started un-
der chapter p Of the criminal code.
compiled laws of 1913.
CHARGES PREFERRED
THE attorney general charges that
the defendants in 1913 formed pool,
trust or combination for the purpose
of crea ting restrictions in trading in
North Dakota in fruits and berries.
whose output for this state the defen-
dantS are alleged to control through
contracts with western fruit-grOwelS
and packers. LANCER alleges that the
companies entered into an agreement
by which prices are fixed aud u stan
darl Of charges fixed. 1t is charged
that under such agreement the Gen
eral Brokerage Co., G. Fl, Robinson
Co. and Nash Bros. contracted to sell
berries and fruits only to the other
defendants named or to such 'Othcr
Wholesale dealers as defendants should
determine. AS a result Of such agree
ment the state alleges. fruits and her,
ries. were sold to retail dealers only
at such prices as had, been mutualll
agreed ulNn thus eliminating all open
competition.
This pool. the state alleges. has
continued since 1913 and still exists,
and its effect. charges Mr.. LANCER,
is to effect a cOmbina ton in restraint
of trade adversely affects retail trade
and the consumers Of North Dakota.
As n result the penal and civil codes
of North Dakota relating to monopoly,
illegal conspiracy. restraint Of trade,
etc. have been violated. the complaint
recitcA. and the state asks that the
DeCamp Fruit Co. be adjusted to have
forfeited its right to transact business
in the state and that it's license he
anmllletl and cancelled. and that each
Of the other defendant domestic cor:
Inrations he dissolved ana denied any
further right to do u corporate bust
ness within the state.
The court is. asked to appoint a
receiver to wind up the affairs of each
Of these corporations. to sell the prop.
erty thereof alM to distribute the
proceeds Of such sale as provided by
law. after paying the costs and eX-
penSes Of this action.
FAR-REACHING ACTION
The action involved practically the
entire wholesale fruit and green gro
Gerry trade in North Dakota. 1t is
much more farreaching than an az
tion now pending in the Burleigh
county district court. in which only
two local commnies-the Stacy-Bis-
marck and the Gamble Robinson COM
pamies-are defendants. Assistant AZ
torney General Albert +. Sheets. Jr..
who. with Judge $. l.. NuchOls Of
Mandan as special counsel, is prose
cutting. this new action. declares 1t
is instituted as result Of evidence
obtained in the civil suits against the
two Bismarck concerns.
A somewhat similar action was
tried in the United States district
court year ago. when the federal
government failed to obtain a con-
viction.