The evening Caledonian. [volume] (St. Johnsbury, Vt.) 1918-1920, 1920-06-11

supply and an equitable distribution
of the necessaries of life, on the 22nd
day Of October, 1919, Congress pass
ed a law against boarding, monopoliz-
ing, or specializing in foods, feeds,
fuel, wearing apparel, fertilizer, tools,
machinery and equipment required
Tor the production of foods, feeds
and 1uel.
This law makes it unlawful,
among other things, for any person
to willfully hoard or monopolizt such
nccessaries, to make any unjust or
unreasonable rste or charge IN
hpr ding or dealing in or with such
nee essaries, or to conspire, combine,
agree, OF arrange with any other per-
son to restrict their distribution or to
exact excessive prices for such
goods. Thee penalty may be fine not
exceeding $4,000 or imprisonment for
not more than two years, or both.
THE most important part OF the
statute is the provision against max
ING any unjust or unreasonable rate
o. charge in handling or dealing in
or with such goods. The word will
fully as used in the statute is defin-
ed to mean willingly, purposely, sell
ing such goods ut unjust or unreason-
able prices, as controdistingulshed
from Inadvertently or accidentally.
TIE words rate or charge are defin-
ed to mean the price at which SAID
goods are sold. Whether the prices
which are charged are unjust or UNI
reasonable, are questions of fact for
you to decide, acting as reasona bic
mer and taking into consideration
what price the person making the
sale paid for the goods in the market;
whether they were bought in the or
dil.ary course Of trade at the market
price at that time; the length of time
thu goods had been carried in stock;
the expenses of carrying on the bust
less; what fair and reasonable pro-
f. on the goods would be, and all
the other facts and circumstances in
ar about the transaction, but how
lnuch the market price has advanced
from the time the goods were pur-
chased to the time they are sold.
Another very important provision
lawful for a person to consplre, COM
bine, agree or arrange with another
person to exact excessive prices for
necessaries. Under this provision, if
two or more persons agree or arrange
together to exact excessive prices for
necessaries, this is breach of the
law, although the agreement or ar
rangement is unsuccessful, and no
excessive prices are actually eXacted
o" received. Congress made this law
verv sweeping in its terms, and 1t
was. intended to NEE tsuch offenders
on the very threshold of their prepar-
alton to exact excessive prices for
tn, necessaries of life. To Illustrate:
two or more persons agree or ar
range together to exact excessive
prices. They have committed the
offense, they have done just what
Congress has prohibited, although
they never carry out their agreement
or arrangement.
Such conspiracy, combination,
! agreement or arrangement may be
proved by the proof of facts from
which you can fairly and reasonably
| infer the existence of such conspiI-
acy, combination, agreement or ar
r&ngement. AS such agreements or
arrangements are usually secret and
difficult to discover the law is that it
is not necessary to prove by direct
evidence that the parties actually
came together and agreed or alrang-
ed that they would exact excessive
pllces for necessaries. This can be
proved by the proof of facts from
which you can fairly and reasonably
inter that they had a common object
to exact such prices or by the proof
OF facts from which you can fairly
AID reasonably infer that the acts of
oach person were done in pursuance
of such a common purpose and calcu-
lated to effect that purpose. 1t should
be made to appear that the parties
steadily pursued the same object by
Common means all leading to the
same result. Concurrence of action
is sufficient to enable you to presume
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