South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-07-23
sTATB FINDS ICE
DEALERS GUILTY
OF PRICE FIXING
Eight Manufacturers Are En-
Joined from Further IT.
legal Activities.

USDIANAPOLIs, July "a Eight
Zee manufacturer ~ indianapolis
we're enioined Saturday from fur
ther alleged activities in Illegal COM
petition on petition OF ATTY Gen. u.
Lesh
" II Elchhorn OF Button. sittlns
as special Judge In the states Ice
trust suit. gave victory 20 the state
The principle Of todays decision
has application 20 every member Of
the Indiana Ice Dealers association
end Is more than local" Lesh said.
More drastic measures than civil
viii be taken il necessary
The court found that the dealers
acted coucertedly IN controlling the
price of Ice .n Indianapolis and d.
V-aed the city into zones 10 stamp
OUT competition.
Attempts Of the state 20 prove ex-
1stence Of an "lce trust which has
regulated prices I'm this city, and in-
- recuy throughout the state. have
ragged through one summer and
int0 another summer. The suit.
which charged eleven ice companies
here with violating the state anti
trust law. was filed BY Atty. Cen. II.
s Lesh on June %. 1921 in superior
court. A change Of venue was taken
from Judge ". J. Thornton. before
whom the suit was filed and Judge
W r. Elchhoru Of Button was APP
pointed special Judge.
Evidence was taken by Judge
E.chhorn IN October. 1921. but he
delayed making a ruling until July
IS. 1922 At that time he presented
a special finding Of facts but did not
enter an order as attorney FOR the
defendants asked time TO argue his
findings He set Saturday. July %.
as the time for this argument and on
trat date planned % make his final
ruling on the states petition for a
perpetual injunction dissolving the
alleged trust.
No Fraud Claim.
In his finding Of facts Judge Eich-
horn held that evidence presented
showed the existence OF the alleged
trust
The understanding so had and
now existing among the defendant
manufacturers" said the judge
results I'm the control Of the price at
which ice Is sold and the suppression
OF competition amongst themselves
with others in the manufacture, sale
and distribution or ice, and is unlaw-
4ul."
Control OF the ice supply AM
prices is made possible by the alleg-
Aed combination Judge E&chhoTn
dded and declared that the court
will not countenance a com binatiOn
or conspiracy which undertakes
and has the power 20 either increase
OF reduce the price sale"
Persons and corporations named
as defendants in the suit are the fol-
lowing: Polar Ice and Fuel Co, the
Zero Ice and Fuei Co. the Irvington
Ice Co. Holt Ice and Cold Storage
Co. Artificial Ice and Cold Storage
Co. Coonse and Caylor Ice Co, Mer-
chants Ice Co. United Ice Co, Ser
vice Ice and Cold Storage Co. Ind
Jana Refrigerating Co, Atlas Goa
and Ice Co. John s. Kittle doing
business under the name of the City
Ice and Coal Co. Henry l.. DithmeI
doing business under the name OF
the West Side Coal and Ice Co, and
also under the name Cf the South
side ice and Coal Co. and Stanley
NVycofr individually and as secretary
&c the Indiana Ice Dealers Associa-
ton
Housewives Investigated.
Information upon which the com.
paint was based was gathered by II
o.. Klayer. an operative for the state
legal department Some time prior
20 fling Of the complaint an investi-
cation had been wade by the India
TapOiis Housewives League and this
orEanizat ton had issued a statement
calling attention 90 the price Of Ice
az 60 cents for 100 pounds Unle ap-
parenly the cost 81 production was
practically the same as when ice re-
tailed for 30 cents per 100 pounds
n During the war Mr Wycoff. a.
= Ptair price comm Lssloner for Indiana
had fixed the price CT 60 cents 8
hundred. In his special hndlng Of
facts Judge Dichhorn said that des-
piIe the sacrifices which the compa.
u.es were supposed 20 have mad,
evidence indicated they enjoyed con
siderable prosperity.
During the war" said JudE,
J.ichhorn. many Of the ice concerns
materially reduced their indebted
ness accumulated surplus and MANY
OF them paid dividends Each or IN,
companies seemed 90 be more pros
porous and 10 have made NOR,
money AZ This time '