New-York tribune., 1922-02-09
of
Glass Men as
Ring Ruled Out
Court Finds Flaw in the
Wording Of Charges Filed
Against Alleged Combine;
Allegations Indefinite
TO Seek New Action
Prosecutor Insists Decision
Is Victory for Government
Despite Sustained Writ

Judge John c. Kno1 in the Federal
district court yesterday sustained the
demurrer cntcrd by The majority of the
glass manufacturers iNdictcd Novcm-
Der % for violation Of The Sherman
unti~trust law The wording Of the
opinion which he subsequently, filed,
however. was such shal the district
attorneys handling Tho casc declared
that TIC government had won an IN
rortsnt victory. The cour. took cxccp-
tion only to the wording of the charges
against the alleged combine, and the
Federal prosecutors 8nncunccd that a
supcrseding indictment would be asked
this month which would meet The ob-
jcctions.
Judge Nno1 in his opinion cd on
only orc OF the points raiscd by former
Ambassador John W Davis as counsel
lcT thc dcicndant5. This vas the juris
dictioN OF tho courts IN this district
IN case in which the conspiracy itself
IS the crime and was not originally
formed here. Trial on statntory cor
spi-acy charges ma be conducted
wherever an overt &C. resulting from
Tho alleged plot can be found, but the
defense contcndod that inaamuch a
the Sherman law makes no rNcutiou of
overt acts as part OF thc crirnc only
the courts in tho district where the
coordination was formed have jurislic-
tiou.
Indefinite indictment
Judge Knox declared tha. the con-
spiTacy is renewed Whenever an overt
act results, sustaining the govern
ments contention that .hc common law
precedent should be followed. He threw
CUT the Indictment against the glass
manu- tacturers only Oh the ground that
it did noc set forth with sufficient
deiiritcncss tho allegation thai the
conspiracy vas found here.
II ag~ec with the government" lie
sNd, "tnat tor The jurisdiction Of this
court 50 attach IL is rot essential that
tAo origina unla1'iuN agreement should
nero have been made; it is necessary.
hovovcr. thai an act in furthcrance Of
INC ccnspi1acy should mere havc been
ccmmitted. l. tbs has occurred within
the statutory period take il tnat tic
conspiracy which lhc act was d2eicnoJ
to cHcctua atc nay properly be con
sldcred as having accompanied the ac..
and 20 be Tho subject Of ayDropria.o
inquiry b. this court
naYc no doubt that so fav a
Venue IS concerned 4 conspiracy under
e,lc -NcIIN"il @ct comes WlSr1n the DOC
trna OF Rex vs.. Brosac Il Eas;., l64j
hut even so, the allegations OF the iu-
dlct!acrt should clearly aNd definitely
aver the existence Of facts necessary
20 the court jurisdiction. This the
present pleading does not DO. and the
demurrer upon The ground specified
vii be sustaire1.p
No Action on ImIauuities
The other important points in the
do.n urrer which Judge AnoN failed to
pass on Yesterday were the immrnitics
Of labor leaders under the Clayton
antitrust Jaw; tho construction of cor
splracy II restraint OF narufacture rs
conspiracy in restraint of trade, and
NE illegaiity Of combinaticn through
the emp oylnent Of q single exclusive
distributing agency by all The members
Of en- alleged trust. The govcrnMc cnt
expects that as soon IS Che suppressed
ing Indictment is filed nov demurrer
taking 40 these points will be entered,
as tAe glass prosecution is considered
test case TO clear Up some Of the
most involved points coming up under
the Sherman law