The New York herald., 1922-04-04
They Establish Profit Of 16
Cents on All Fresh Killed
Poultry.
JUDGE ROsALSKY ACTS
Mayor Also Starts an Inquiry
Into Profitecring in All
FOOdstuffs.

Judge Rosalsky of the Court oil
General Sessions yesterday instructed
two April grand juries to investigate
violations of State antitrust laws by
dealers. who illegally combine to keep
up retail prices of foodstuffs, particu-
larly poultry, during the Jewish holi-
days.
Judge Rosalsky's instructions fol-
lowed a recent statement by Edwin j.
O'Malley, Commissioner of Markets
that dealers in fresh killed poultry
were combining to take advantage OF
tie holiday season by fixing prices
limiting supply and boosting profits
about $1.500.000 in the next two weeks
Immediately following Judge Rosal-
sky's instructions announcement, was
made that Mayor Hylan had instructed
David Hirshfield. Commissioner of Ac-
counts. to pursue a. similar investigation
into alleged price fixing in all food COM
modities.
Commissioner O'Malley said yesterday
the facilities OF his Office would be at
the disposal of the juries and Commits
sioner Hirshfeld. and he would suggest
calling as witnesses kosher butchers said
to know of the alleged conspiracy. Ac-
cording to Commissioner Hirshfield. three
organizations with large memberships
have been formed in Manhattan to fix
prices, while a fourth is operating In
Brooklyn. Activities of these organiza-
tions will be made the basis of the Com
missioner's investigation.
16 Cents Pound Profit.
Commissioner Hirshfield was author
ity for the statement that a uniform
price of 40 cents a pound on poultry
was to be maintained when the whole
sale market price was "a cents. and
that independent butchers who refused to
raise their prices to meet the combina-
tion found their supply shut or
This statement was partially con-
drned by p. O. Foy. editor of the Ddity
Market Reporter, who said that last
market, the retail poultry price was
consumers did not get the benefit of the
oversupply that was In the New York
market" Mr.. Foy said.
Judge RosalslSy said to the jurors:
1.-THE law does not forbid or restrain
the right OF persons to make normal and
usual contracts to further trade by
normal methods. But IL the agreement
among them operates to the prejudice OF
public interest by unduly and unreason-
ably restricting competition In the sup
ply or price of an article or commodity
of common use. such agreement Is
against public policy. illegal and void"
Edward ]. Horgan, real estate
dealer with offices in the Woolworth
L,,II fo Of ha Ia y
Grand Jury, and Milton l.. Eisman, also
real estate dealer with offices in 81
Lafayette street. Is foreman of the
additional jury.
New York ought to be about the
cheapest place in which to live so far
as foodstuffs are concerned" said Mr..
Foy. who has been watching the trend
of New York food prices for years.
Freight Rates Blamed.
Much of the trouble IS with excessive
freight rates, which discourage pro-
ducers. curtail receipts and keep prices
UP. Here is an example: Two cars of
California peas in forty-eight quart
packages were received to-day and sold
from SIC to SIS. We should have two
or three cars of these each day instead
of two a week and the price should be
81 to Sc. But growers will hot ship
to this market"
Commissioner O'Malley said he hoped
the coming investigation would establish
the desirability OF legislative enactment
along lines of the Boylan law, defeated
In the last Legislature. that would have
compelled all dealers in foodstuffs in
New York city to hold license from
the Department OF Markets and to an
swer questionnaires by the Markets
Commissioner concerning wholesale and
retail prices and supply.
An amendment to the Donneliy anti
trust law. which prohibits price fixing
combinations, was also killed by the last
Legislature. 1t would have made prison
sentences compulsory.
Fresh vegetables were received In
New York yesterday from Argentina,
Chile. Egypt and Australia. Four cars
of new Texas onions, In bags of about
forty-five pounds, came In and sold
readily at $3.50 hundred pounds.
Florida potatoes in barrels of about 160
mounds brought from $40 TO $10.50.