The Elk Mountain pilot., 1922-02-02
SECRET ORDER FREES
HEAD OF TILE TRUST
BY HARRY GODFREY.

New York-A secret orde1 from At
torney Gen. Daugherty, containing a
Communication by President Harding,
has swung open the Jail doors for
Frank H. Noble, president of the tile
"trust," after Noble had served only
one month of the four months SEN
tence imposed on him Nov. % for
conspiracy in restraint of trade
criminal conspiracy.
Thus ends the most conspicuous of
the cases which, in the words of U. S.
Dist. Atty, Hayward, was to have
served "as an everlasting warning and
guide for business men who want to
keep out of trouble" The "everlast-
ing" warning lasted just one month,
Received Only Jail Sentence
Noble, with three other members
of the tile "trust," received the first
and only Jail sentences ever actually
inflicted and carried out under the
Sehrman antitrust law. Nearly 80
other members of the tile "trust,"
who pleaded guilty, were let off with
fines when they stood before the
court -self-confessed criminals whose
depredations had mounted into mil
lions, who defied the law and aggra-
waited the housing shortage
i. The manner in which the release of
Noble came about is interesting. Its
every detail was kept secret 1t did
not become known, in fact, until 10
days after he left the Essex county
IN. J.) Jail, free man, when it was
discovered by accident!
Hardly had the fact become
known, when the federal officials, di-
rectly concerned-Dist. Atty Hay
ward and the Jail warden-besides
Nobbe's attorneys, rushed to make
denials that there had been any SIN
tentionap' secrecy.
First Jail Physician
Yet what had happened was that
the Jail physician had quietly certi-
fed to the district attorney that
Noble was sick and might get worse,
and the district attorney had quietly
telegraphed to the federal judge in
San Francisco who imposed the SEN
tence, and the judge as quietly tele-
graphed to the president recommend
ing Nobbe's release, and Atty. Gen.
Daugherty, still quietly and secretly,
, telegraphed to the Jail, warden the
presidents order of release.
; There was not even a conventional
, government inquiry into his condi-
, ton.
1t took just three days after these
recommendations reached Washing
ton for the president not only to or
der Nobbe's release but to convert
Nobbe's $4,000 fine to judgment.
, Nor Is This All
Nor is that all 1t has become
, known that Judge Van Fleet, who in
f1icted the sentences and fines, had
, relieved Herman Peril, who received
a two-months' sentence, of the $500
r fine originally imposed on Perti.
: Mobiles, according to the Jail ply
, sician, is tubercular. The three 9TH
er members of the tile trust" who
were sentenced with Noble, it was
2 said at the district attorneys office,
also have filed petitions for commu-
!, tations, pleading ill-health.
t The four members of the tile
: trust" are reported to have received
special consideration in the Essex
county Jail. They not only sent out
for their meals, but were permitted
to write all the letters they wished
e and in effect to continue in large
measure to transact business.
Few jail Sentences
:. OF all the hundreds of persons and
corporations indicted for criminal
conspiracy as a result of the expos
r ures of Samuel Untermyer in the
building trust Investigations here,
q Jail sentences have been imposed in
, only one other instance-and those
sentences were suspended by the
court Immediately. Still other Grim
inal conspirators have pleaded guilty
by dozens and have been let off with
:, fines. Ten members of the terra
Gotta "trust," who entered pleas of
4 guilty last December, escaped with
fines of $4,000 each at the hands of
Federal Judge Learned Hand. The
: case IN Which prison sentences were
o suspended was a state case, on sim
: liar charges, involving 10 members of
/ the Marble Industry Employers Assn.
g Justice John v. McAvoy fined each
one in sums varying from $3.50 to
e $500 and imposed sentences of from
e six months to three years in the pen
itentiary during good behavior"
Indictments still are pending here
against members of the cement