New-York tribune., 1921-11-24
Jail Sentences
And Big Fines
Given Tile Men
Noble, Schaile, Petri and
Shilstone, Heads Of Conn
bine, Must Serve 2 to
4 Months for Conspiracy
Get Stay Until Tuesday
50 of So Guilty Ordered to
Pay $500 to $4,000:
"a Firms Also Fined

ihe first jail sentences for violation
OF the Sherman ANTITRUST law, in a
case involving only ordinary restraint
of trade, were imposed by Judge Will
liam G. Van Fleet in the Federal Dis
trict Court here yesterday, when he
pronounced judgment upon fifty-two of
the fifty-three tile contractors, who
pleaded guilty, November II, to the
fourth count of an indictment drawn
under that statute. Four Jail terms of
from two to four months and fifty-two
fines of from $500 to $4,000 were i'm
posed.
''These prison sentences constitute a
landmark in antitrust law enforcement
in this country" David L. podell. who
is handling the government building
trades prosecutions as chief assistant
to Colonel William Hayward, United
States Attorney, declared later.
Cannot Take an Appeal
although the Sherman anti-trust
July 2, 1890, imprisonment has been
imposed in only three cases--those
ags'nst the turpentine trust, in Savan-
nah, Ga; the National Cash Register
Company, in Dayton, Ohio, and the
Night Riders in the tobacco regions in
Kentucky. In the first two the decision
of the District. Court was reversed and
in the third pardon was granted by
the President of the United States"
He pointed out that the sentences
served during the war by Rintelen and
otssr German agents for. fomenting
strikes in munitions factories, though
technically imposed under the Sherman
law. were not for ordinary restraint Of
trade.
AS the tile contractors sentenced yes
terday had pleaded guilty no appeal
can lie from the judgment of the court.
Colonel Hayward characterized the
sentences as "the first of series of
emancipation proclamations for the
home builders of this country, who
have been for years in the hands of
the building material trust"
II feel certain that the tile trust,
at least, will now adjourn sine die,"
he said.
Four Given Jail Terms
The four defendants upon whom Jail
sentences were imposed were Frank
Noble, president of the Tile, Crate
and Mantel Association of Greater
New York; Albert Schaile, active in
the Bronx Tile, Crate and Mantel AS
the New York association, and Herman
Petri, president of the Atlantic Coast
District Tile and Mantel Association.
The Judgment pronounced upon the
first three was four months imprison-
ment in Eessex, County, N. j., Jail,
and fine of $4,000 each. Petri, who
appeared voluntarily before the grand
jury and gave full testimony, will
only serve two months and pay fine
of S3,500
Judge Van Fleet declared that he had
found fifth case in which Jail SEN
tence seemed necessary, but that this
would be imposed later. He had just
deferred action in the case of Charles
c. Alexander, president of Alexander
& Reed Company, because of the III
ness of the defendants wife.
Law Protection to Public
In his remarks prior to imposing
sentence the court declared that the
Sherman act was intended as pro-
lection to the public against unlawful
practices in interstate commerce. and
that perhaps there had never been
prosecution under its criminal fea-
lures of greater Importance than that
againss the tile contractors.
After describing the housing short
age here and throughout the country,
shortage which he attributed largely
to the building combines, and point
ing out that at the present moment
the prices of building supplies are
higher than any others when COM
pared with 1914 standards, the court
concluded by declaring himself salts
fed that the mere imposition of fine
as to some of the more fragrant OF
tenders would afford no cure and would
fai; to deter others from committing
the same acts.
Execution Stayed Until Tuesday
"In my judgment the only way to
stop these criminal practices is to in
yoke and bring to life those features
of the great Sherman act, which pro-
vide for Imprisonment in all instances
where the facts warrant it," Judge Van
Fleet said.
All the defendants were granted
stay OF execution until next Tuesday.
Sentences against individuals in ad-
dition to Alexander and the four sent
to jail we're: William G. Orr, $4,000;
Arthur T. Mart, $4,000; George Miles,
$4,000; Charles E. Ensign, $4,000; Viii
liam j. Addison. $4,000; Frederick R.
Lawrence, $4,000; Charles X. Barnum.
Morris G. Williams, $4,000; Joseph M.
VETS. S2,500; |. Frank Felleman,
s1.50O. Louis v. Foscato. $1,000; Solo
mon Tobias 81 1000; William Walter
Jackson, 81 1000; John H. Parry, 81 900;
Israel Lieberman. S2,500; William
Erath, $1,000; William A. Shockoff.
$1,000; William D. Grant. $1,000; Vim
cent de Lazzaro, $1,000: Ernst Stroth-
off, $500; William Adshead, $500;
Frederick Crane, $500; Edgar P. Har-
rison. $500; Mario Ferraris. $500; Will
liam J. Howden, $500; Clifford S. Bar
mum. $500 Charles II. Brown, $780,,
and John Gatty, $500.
Fines Against Corporations
The corporations fined we're: Alex
ander & Reid Co. $4,000; Doty &, Orr
Co. $4,000; Globe Tile Company, 81 900;
William H. jackson Company, $4,000;
Jackson's Mantel and Crate Works.
Inc, $4,000; D. II. McLaury Tile Com
pany, Inc, $4,000; Henry Miles & Son,
$4,000; J. I. Mott Iron Works, Sd 900;
Morris G. Williams g. Co. $4,000; J. p.
zurla Tile Company, $4,000; Charles K
barnum & Son, Inc, $4,000; v. Foscato
Company, Inc, Si,5o0; Edwin A. Jack
son 6 Bro., Inc, S1,500; Howden TIL.
and Marble Company, Inc, $500; John
n: Parry Company, $1,000: Herman Pc
tri, Inc. $500, and Rudolph Schroeder.
Inc, $500.
The indictment against the tile con-
tractors was filed August 81 and CON
tanned five counts. The fourth nm
which the plea of guilty was entered.
involved the practices OF the associa
tion. including stop noticas r., bo,not4