The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-03-10

NhOVh was aSouECUs
! Wednesday afternoon General l.: G.
Boyle, general counsel for the lumber
men, was TO appear in the closing argu-
1nent for the defense. Following G. Il.
Ames, who is in charge Of antitrust inz
yestlgations for the government, was
to close the argument for the complain
ant.
Immediately after the limit was
agreed upon the lumbermen and the
government counsel began defense OF
their respective claims.
The most brilliant defense yet offered
by the hardwood association was pre-
scented by H. Carroll Todd, former as
sistant attorney general of the United
States, who argued purely from legal
and technical points Mr.. Todd insisted
that the government must make conf
piete case, beyond all reasonable doubt,
In order to expect an injunction with
hearing Of proof, and charged the gov
ernment with being uncompromislng,
with not being satisfied With the status
quo until after a full hearing had oc-
Cured. He urged that the rights Of all
parties be heard before final Judgment
be passed.
He then went into discussion of the
questions of fact and questions OF law
involved in the case, which developed
an Interesting series of questions from
:, the, court
One Of the questions from Judge Nc
Call which attracted attention was the
following, addressed to Mr.. Todd:
Don't yNli think the evidence offered
by the government relative to acts and
doing OF the defendants, which are not
eeried show enough difference'to await
b complete hearing of the case?"
Explains Attitude.
Rlr. Todd explained that he did, and
The court then asked Mr.. Todd what he
would do il it We're shown that prices
rose and production decreased because
Of influences over which the lumber
men had no control but which were ac-
centuated by the open competition
plan" Mr. Todd urged that II that be
the case the ASSOCIATION be enjolned
from carrying on those activities that
were In restraint of trade, but that the
Whole organization should not be en-
Joined.
Don't think I have any opinion. in
mind said Judge. Mccall in explana-
Ation ~ am merely seeking light"
Mr. Todd entered into 4 quotation 81
authorities and cases .Shielkeh s saia
were applicahies hs esi sts An VIZ INF
defendants had won The VERDICT sArno1fl
those 70 @hfch he referred were thu
standard QA case 9 TOBACCO case and 5
6f trade ail bf which he said were mile
stones ii the, Sherunn law.
He declared the @open competition
plan was founded and eoperated On the
law which said t.those engaged in al
industry are within their rights wher
they furnish information concerning
their trade to each other. and remain
within their rights ii there Is u differ
ence in their prices.
He said the association could not con-
troll the market as members OF the or
ganization represented but one-third OF
the production. Even If conspiracy
had been planned, The said affldavits
showed that it had not been carried into
effect. He referred to the constant
price variations of members Of the plar
as a proof that there was no conspiracy
and stated that affidavits showed also
that producers had striven to increase
production.
Government Opens.
B. Easterline, assistant to Attorney
General Palmer. opened for the, govern
ment by referring to the wide rangf
used BY the defense in Mr.. Todd's argu-
ment. He said he would not attempt
any such latitude, but wished to recal
that the Sherman law stated that any
association or combination which gath.
cred statistics of sales and production
bf a trade and later distributed the
whole to dealers was acting in restraint
of trade and to the detrlment of public
interest of the United States.
Mr. EasterIine hurried into quotations
OF numerous authorities on eases which
he said were similar to the one on trial
and read parts of one decree which, Mr.
Todd had referred TO-
Continued on Page 9. Column l.