The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-03-03
ASSAULT upon
FRUIT TRUST"
RESUMED HERE
Notable Array of Counsel Rep.
resents Local Houses as
Defendants
WOULD REVOKE CHARTERS
IState Contends Gamble Robin
son and Stacy Bismarck
Restrain Trade
WOULD REVOKE CHARTERS

The sO-called fruit trust trial, in
volving the Gamble Robinson Co. and
the Stacy-Bismarck Co., both of this
city, was reopened this morning in
district court here before Judge w.
L. Nuessle. The action is to deter
mine whether these companies COM
bined to fix prices in the local terri
tory If found guilty their charters
will be revoked and they will be pro-
hibited from continuing business in
the state.
Records By Truck Load
The imposing array of counsel was
only exceeded by the imposing array
of books, papers and other records
used in the conduct of the businesses
for the past six or seven years. AL
bert J. Sheets, Jr., representing the
attorney generals office, which is
prosecuting the case, ordered repre-
|sentatives of the two companies to
bring their sales! slips, journals and
ledgers covering the period from Sep
tember, 1918, to 1920 to court. These
records required a truck to transport
them from the places of business of
the companies to the court house.
Olson First Up
The trial opened at 10 a. m. Mr.
Sheets placed A. B. Olson, manager of
Gamble Robinson Co. Of this city, on
he stand for cross ss-eXamination.
After few questions regarding the
system Of bookkeeping used by the
company, Mr.. Sheets requested that
the trial be adjourned until 1870
o'clock this afternoon to permit the
witness to bring the books and other
records to court. At the same time
the Stacy-Bismarck Co. was ordered
to bring similar records.
FORMIDABLE, COUNSEL
A formidable array Of counsel was
{ ;.rrayed against Assistant Attorney
, Albert +. Sheets. .Jr.. this morning
| when he renewed in district court
here his fight to secure the canceIla
| tion of the corporate charters Of the
| Gamble Robinson ana the Stacy-Bls-
marck fruit companies, on the alleged
grounds that they froze out of bus
ness Murray 4 Mclean, Il rival fruit
house operlting ikHBiBmarck in 1918,
ana thus violated the provisions OF
North Dakota's antitrust act Of 1917.
The ao1ion originated in district
| court here. was appealed on a demnr-
rer by the defense. alleging that the
state had erred in institllting civil
proceedings, when the otfense alleged
it was cOntelldcd, was of a criminal
nature, and was rcmanded to the local
| court for tgial when the supreme
court Overruled the defense's demurrer
and held with the state as to the
technical propricty of the line of pro
seedure adopted in the prosecution
The state alleges that an illegal
combination in restraint of trade was
maintained by the two defendants
and that as Il result of such illegal
combination. price-tixlng and price
cutting. the Independent Bismarck
house was put out of business aud
legitimate competition was suppress.
ed. The defense entered a complete
denial Of all charges, and introduced
brifes and oral arguments purpOrtin-
to show that the Stacy Bismarck and
Gamble Robinson companies were
legitimate competitors, and that nc
agreement or illegal combination sucl
as the complaint alleged existed
The state prays first the dissOlu
fCoHtinued on Pag Seven)