New-York tribune., 1921-11-17

se''As auy more than do the distrih-
ators."
Justice kapper decided that the point
MAS well made, and further rrantca
MT 1ohnston's request that he be ner-
shltted to modify the draft OF the writ
ehsered BY the conference board "ao Nc
20 restrain the distributors from do;nr
certain things. The hearing was then
aegourned for several days.
it was at this iuncture that the full
.sAs OF the union charges against the
o,ssrioutors was made public. The
aueeae'ons, according to Mr.. johnston.
are made largely OH the distributors
owh sworn statement made In their an.
psicat'on for the Injunction"
the more important parts of the
Snsoh charges. as contained in the
sseroinsky affidavit, are az follows.
riasneins, IN their complaint. have
nippantiy described these Tunion] To-
vaas as consplracies' in violation Of the
Nv Nv and have also rccklesslv described
'ns omcsrs, agents and members of
saen loca' as 'conspirators' seeking un
.aMluiay 70 destroy plaintiffs husi-
New York and vicinity Of their milk
supply. 49,"
Plan of Distribution
Fiaintiffs nowhere allege that they
rave complained to the United States
department. of Justice or to the AT
.eeIney Ienerai OF the State. or invoked
III. aIa Oh either to destroy these
a'segea 'conspiracies.' 1t il a signifi-
cant fact. A'''
ne beard was established. accord
sng to its certificate of INCORPORATION.
among other things to encourage and
increase harmonious relations between
mlS dealers and milk producers in the
state ana TO increase the spirit of CO.
operanon tor mutual benefit between
ehem- rtalnuffs not only admit they
enloy monopoly of the milk distri-
nuelon IN the City of New York, bat
boast that 'S5 per cent Of all the milk
distributed in the five boroughs of
New York City is distributed by them
"DeEoncnt ayers that The primary
II net the sole purpose for which this
association was created is not to Sc
cure reduction of the price of milk to
the consumer. but to control the milk
supply, particularly in the City of New
York and vicinity, stife competition
and TO increase the spirit of co-opera-
ton for mutual benefit between them
chat is, between its members) by in
creasing the cost of milk to the people
OF the City of New York
No matter what the initial cost OF
milk at the dairy, nor the distance it
must be transported from the dairy to
the depot in this city. nor how high or
low the overhead cost of either plain
TN, nor how extravagantly or econom-
icaliy the operation of the business of
one plaintiff in comparison with all the
others; no matter what percentage of
Profit is earned through efficiency or
percentage of loss suffered through in
efficiency oy one in comparison with ali
the others, the price of milk is always
the same TO the consumer, irrespective
with which one Of plaintiffs he deals.
Moreover, II there is to be change in
the price OF milk, notice of the pro
posed change is sent to the customers
CT each-that is, to all consumers
simultaneously, and the new price al
ways becomes effective with each of
plaintiffs at exactly the same instant.
Allegation of Conspiracy
ut is this unlawful conspiracy-the'
New Fork Milk Conference Board =
that permits plaintiffs to maintain
their monopoly of milk distribution in
the City OF New York and exact from
Its citizens 1S cents a quart for the
same grade milk which the people of
Chicago secure for IL cents a quart
ana II iS lHS same conspiracy which
allows plaintiffs to secure a net profit
of from four to SIX cents on each bottle
OF milk Sold
The affidavit closes with the follow
ing paragraph:
defendants are willing now that
this court, which plaintiffs have chosen,
shall act as arbitrator and settle the
whole controversy, either with the aid
or in the absence of the lawyers, and,
pending the courts decision, the men
are willing to return to work forthwith
under the terms of the old contract.
SO that the distribution of milk to the
people of the City of New York can be
resumed at once
Two alleged strikers were given
pine-day jail sentences by Magistrate
McGloskey in Flatbush Avenue court,
Brooklyn. yesterday. on charges of
dumping milk, and five were held in
$500 bail each in a Rockville Centre
court on charges of molesting a Borden
driver.
The striking milk drivers and their
sympathizers showed warlike disposi-
tion in Jersey City yesterday. In sew
erai instances crowds of them were re-
PEELED by the two policemen who guard
ed every wagon making house house
delivery. At Bright and Monmouth
streets about fifty persons charged a
Borden's wagon, but were repelled.
Stones and bricks were thrown Four
men were arrested.