Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-11-24
FOUR MEMBERS
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| tOOh W1LN1DGICO
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Mr.. Hayward, who recently announc-
cd that the government had only just
begun its drive against corporations
and individuals held accountable 1eI
the acuteness IL the housing shortage
an over the country, asserted tonight
that he considered evidence against
other groups still to come to tria
even tronger than that which hae
caused members Of the tile combine
to change their pleas to guilty.
A stay Of execution until next Tues
day was granted in the cases OF all tbs
defendants sentenced.
The combine was alleged to have IN
cluded about 20 members. Sentences
passed today, involving fines approx
mating $4,000. follow: F. H. Noble
Arthur Shilston and Albert Schaile
were sentenced to four months in the
Essey county New Jersey Jail. and
Timed $4,000 each. Herman Pctrt was
sentenced to two months in the sans
jail and fined $500.
Twenty-Five other defendants were
1 fined sums ranging from $500 to
| $4,000. Eleven corporations, compos-
ing the combine, were fined $4,000
each and six others were fined from
$500 to $4,000.
Judge Van Fleet, in imposing
sentence, said he had taken full con-
sideration of the fact that the ac-
cused had pleaded guilty.
Most Of the firms and individuals
sentenced were located in New York.
One defendant. Charles c. Alexander,
was unable to appear in court because
Of serious illness in his family and his
case was deferred.
In imposing sentence, Federal Judge
Van Fleet said:
''As result Of an inquiry into the
facts as to the participation of the
various defendants, the court is sat
isfied that the mere imposition of q
fine as to certain Of the more fragrant
cases will afford no cure, nor act as
a. deterrent which is the main object
of punishment. that while it may be
! true as urged in the argument that i'll
, the past the privisions Of the Shcr-
man law authorizing Jail sentence:
have rarely been enforced, the situa
: ton presented here is of such char
acter that the time has come to put
a stop to their criminal practices;
and in my judgment the only effect
i've way of doing it is to invoke and
bring to life those features of this
great act which provide for impris-
onment in all instances where the
facts warrant it..
"Of course this does not apply to
al 1.-The defendants, nor indeed to
many of them and, moreover, the
court is bound to take strongly to
many of them and, moreover, the
court is bound to take strongly into
consideration in dealing with all the
defendants the fact that they have
appeared here and pleaded guilty,
thus saving the government long
and expensive trial, and while feel
constrained to impose imprisonment
on some my judgment even in those
instances will be much less severe
than upon q conviction after trial.
Defendants aware of their guilt but
who nevertheless spontaneously
stand out on plea of not guilty are
entitled to much less consideration
than those who candidly acknowledge
guilt and throw themselves upon the
mercy of the court"
The 10 odd defendants pleaded
guilty to the fourth count and the
other counts were not pressed. The
fourth count alleged that by means
of stop notices." protection cards."
keep off notices." blacklist and ac-
commodation bidding. the defendants
! had violated the antitrust law. 1t
was alleged that by these methods
the defendants had "hindered, i'm
peded and unduly unreasonably re-
strained and prevented any and all
competition between and among
themselves in the sale, shipment and
delivery of tiles from other states to-
into and through this Jurisdiction. as
well as from this jurisdiction into
other states, against the peace and
dignity of the United States and
contrary to the form OF that statute
OF the same in such case made and
provided"
In his remarks preliminary to
passing sentence Judge Van Fleet
declared that perhaps there never
had been prosecution of greater
Importance brought under Section 1
Of the Sherman act.
The court asserted that building
materials. the highest priced of all
commodities during the war, had
been the slowest to recede. He said
the lack of proper housing for null
tltudes OF human beings in the large
cities throughout the country is
traceable directly to an interlocking
series Of criminal conspiracies and
combinations in the building trades
OF which this case is typical"
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