Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-06-10
PROF|TEER|NG DEFINED
Law Is Explained to Grand Jury In
Judge Howe's Charge mt Opening
of Federal Court mt windsor

Windsor. June AT the opening of the
United States District Court, now in ses-
sion here. Judge Harland B. Howe in
charging the grand jury. instructed them
as follows in regard to profiteerng.
AS it is quite likely you will consider
many profiteering cases, tho court will
especially call your attention to the more
important provisions of the law in this
regard.
In order to assure an adequate supply
and an equitable distribution of the neces-
saries of life on the end day of October
1919 Congress passed law against hoard
ing, monopolizing. or speculating in foods.
feeds, fuel wearing apparel. fertilizer.
tools, machinery and equipment required
for the production of foods, feeds and
fuel.
| This Law makes it unlawful. among other
things. for any person TO willfully hoard
or monopolize such necessaries, to make
any unjust or unreasonable rate or charge
| in handling or dealing in or with such
necessaries, or to conspire. combine, agree
or arrange with any other person to re-
strict their distribution or to exact ex-
cessive prices for such goods. The penalty
may be fine not exceeding 5000, or i'm
prisonmert for not moro than two years.
or both.
The most important part Of the statute
| is the provision against making any un-
Just or unreasonable rate or charge in
handling in, or dealing in. or with such
goods The word "wifully' as used in the
statute is defined to mean willingly. pur-
posely selling such goods al unjust or
unreasonable prices, as contradlStinGuish-
ed from ''inadvertently' or accidentally"
The words rate or charge" are defined
to mean the price at which said goods are
sold. Whether the prices which are charg-
ed are unjust or unreasonable, are ques-
tions of fact for you to decide, acting as
reasonable men and taking into consdera-
ton what price the person making the
sale paid for the goods in the market;
whistler they we're bought in the ordinary
course Of trade al the market price az
that time: the length OF time the goods
had been carried in stock; the expenses OF
carrying on the business; what fair
and reasonable profit on the goods would
be- and all the other facts and circum-
stances in and about the transaction. but
not how much the market price has ad'
vanced from the time the goods were pur'
chased to the time they a re sold.
. Another very important provision OF tnt
statute is that it is unlawful for persor
to conspire, combine, agree or arrange
with another person to exact excessive
prices for necessaries. Under this pro
vision. if two or more persons agree OF
. arrange together to exact excessive prices
for necessaries, this is a breach OF tn
law. although the agreement or arrange
: ment is unsuccessful. and no excessive
prices are actually cxacted or received
\ CONGRESS made this law very sweeping Ii
: its terms. and it was intended TO NEE
d; such ut.c nderS or the very th1esho!c
+ their prepa ration TO exact EXCESSIVE price
: for the ueces Saries of life To illustrate
l. two o. more persons agree or arrane
l. together to exact excessive prices. Tha
N have co:rrlitted the offouse, they hav
= lJone j;,st what Congress- has prohibited
although they never carry out their agree
o ment or arrangement
y Such conspiracy, combination. agree
ment or arrangement may be prove
- By the proof Of facts from which 20
can fairly and rea sonably infer the eA
istencc OF such conspiracy, combina
zion, agreement or arrangement.
J sucn agreements or arrangements al
usually secret and difficult to discoVe
l. the law is that IL is not ncccssaTy
e prove by direct evidence thai the pal
ID ties actually came together and agree
" or arranged that they would exact e.
g. ccssive prices for nece@sar'es. This ca
be proved by the proof of facts fro
which you can fairly and rcasonab
infer thai tney ndu Cp'Ilfiioi opJe
to exact such prices or by the pro-
Of facts from which you can fair
- and reasonably infer that the acts
:" each person were done in pursuan
" Of such common purpose and ca
culated to effect that purpose. 1t shou
~ be made TO appear that the narti
=" steadily pursued the same object
- common means all leading to the san
a'SS result Concurrence of action is a su
:, ficient to enable you to presume co
currence of sentiment and intentio
and from this YOU can find the ia
that the agreement or arrangcmc
existed. If you find that the parti
T. pursued the same object by the sai
- means with the intention of accor
plishing the objects which they we
UT pursuing, you can draw the conclusi
. that they conspired, combined. agrc
To- or arranged together to effect that o
ject. good question to ask you
or selves is--did the parties have
common purpose to exact excessi
or prices for necessares, and did tn
pursue that purpose by common meal
or whether acting separately or toe
ther?
or You should diligently inquire In
all alleged violations of this law,
or 1t is the only protection the public l.
against the greed OF the profitees.