The New York herald., 1921-11-17
Accuse Conference board
Members of Existing to
Control Supply.
AFFIDAyITS ARE FILED
Distributors Call Action a
Move to BeclOud Real
Issues of Strike.

An effort to bring about Federal or
State prosecution OF certain members
of the New York Milk Conference
Board on the ground they are in an
unlawful conspiracy in violation of
the Sherman and Donnelly antitrust
acts was made yesterday by the
Milk Drivers Union in an affidavit
OF Fred j. Sterbinsky, president of
Local 5S4, filed before Justice Isaac
M. Kapper, in the Supreme Court.
Brooklyn.
The affidavit was submitted by John
E. Johnston. attorney for the union,
In opposition to the application made
by certain OF the milk distributors for
a continuation of the temporary in
junction restraining strikers from
violence and picketing granted by the
court last Thursday. At the same
court he agreed that violence should
be restrained and he joined in max
Ing the application. after it had been
modified in certain respects.
Letters calling attention to the
filing of the affidavit have been sent
by George w. Briggs. general auditor
and receiver of the union; to United
States Attorney General Harry s.
Daugherty. State Attorney General
Charles d. Newton, United States Dis
trict Attorney William B. Hayward
and the District Attorneys Of the five
metropolitan counties.
Mr.. Johnston. whose office is at 100
Broadway. said the move had been made
by the union to draw the attention of
the officials to the illegality of the meth
DDS employed by the Milk Conference
Board.
Controls MILK supply.
In the affidavit the board is charged
with existing primarily Ito control the
milk supply. particularly in the city of
New York and vicinity, stile competition
and to increase the spirit of cooperation
for mutual benefit between them Chat
Is. between its members). by increasing
the cost of milk to the people Of the
city of New York" The sentence In
single quotation marks Is quoted directly
from the certificate of Incorporation Of
the board. according to Mr.. Johnston.
I'VE must regard this union move as
q case of drawing a red herring across
the trail was the comment OF 1. Elkin
Nathans. secretary of the Milk Confer
ence Board, when shown the unions
affidavit.
I'VE will discuss these latest charges
made by the unions when the matter
comes up" continued Mr.. Nathans
THE union treated with the Mil: Con-
ference Board quite willingly before this
time. without making this latest variety
of charges.
THE public is getting an adequate
supply OF milk. Union men in several
localities have expressed a desire 20 re-
turn to work. The open shop seems
established and the public inconvenience
seems passing In the light of these
facts we cannot be criticised for failing
to take these latest charges seriously
Names of PIaintins.
The Plaintiffs in the injunction pro-
ceedings are Borden's Farm Products
Company. Inc. Bs axes Dairy Company,
Brooklyn Milk Company. Inc. r. S.
Chardavoyne. Inc. Clover Farms. Inc. I;
Empire State Dairy Company. w. NJ.
Evans Dairy Company. Inc: High
Ground Dairy Company. New York and
Rider Diaries. Inc. Reid Ice Cream
Company. VI. II. Renkcn Dairy Com
pany. Sheffield Farms Dairy Company.
inc. Willow Brook Dairy. Model Dairy
Company, Meadow Brook Dairy. Orange
County Milk Association and the Pre-
MUM Dairy Company.
The defendants are Il. J. SterbinsIy of
the New York city local: Edward II.
Schult. treasurer OF Local 1f7 of Jersey
City; Harry p. Coombes, president of
Local i2N OF Mount Vernon, and twenty
three other union men.
The charge that the MIX Conference
Board aims at controlling the milk sup
ply of this city Is mentioned in the
arridavit as follows: plaintiffs not
only admit they enjoy g monopoly Of
the milk distribution in the city of New
York but boast that s5 per cent. of all
milk distributed In the five boroughs OF
New York city Is distributed by them"
In regard TO the price of milk sold by
milk distributors who are members Of
the board the affidavit calls attention
as follows TO the fact the quart price IS
always the same To the consumer, no
matter what its initial cost az the dairy
may have been, and regardless Of how
long or how short distance II may have
been transported.
ut is this unlawful conspiracy that
permits plaintiffs to exact from the cl.i-
zens Of New York 1s cents n quart FOR
the same grade milk that the people OF
Chicago secure for 10 cents"
SApPIE KATY, EnYfMn