Evening star., 1942-03-06
'legis|ating' Charged
To Arnold by Labor
In Bread Price Trial
A. F. l. Counsel Deplores
Cost Of Case to Public;
More Evidence Presented

The Government today continued
to present evidence whereby 1t
hopes to convince a District Court
Jury that labor and big chain stores
here combined to hold up the price
Of bread illegally, violating the
Sherman Antitrust Act.
Joseph A. Padway, general coun-
Bel Of the American Federation of
Labor, yesterday told Justice T. Alan
Goldsborough, presiding at the trial,
that Assistant Attorney General
Thurman Arnold, in charge of the
Department, has cost taxpayers and
labor a total of some $4,000,000 in
his efforts to put across his eco
nomic theories in the courts.
He hasn't sustained a single
theory of his, so far as labor unions
are concerned. in the Supreme
Court" asserted Mr.. Padway.
Charges "Legislating" to Arnold.
Surveying litigation over the past
2i2 years, Mr.. PadWay told the jurist
that the American Federation Of
Labor, through its locals, national
and international unions, has eX-
pended some 50 100000 in fighting
antitrust suits brought by Mr..
Arnold in the courts. The tax
payers, through Government eX-
-,
serted, have been assessed an
equal sum.
Mr.. Arnold is still putting labor
to expense which it should not
rightfully be called upon to bear,
Mr.. Padway asserted. Mr. Arnold
himself, Mr.. Padway charged, is
'legislating -usurping the functions
Of the Congress"
Further, Mr.. PadWay told Justice
Goldsborough, it i'll becomes Mr..
Arnold to write articles, for which
he gets paid, about "labor's hidden
holdup men" The general counsel
of the American Federation of
Labor declared that he resented
such publicity by public official,
who tries his cases-including the
current bread case-in the press.
After Justice Goldsborough denied
defense motion for a directed
verdict of acquittal for all accused,
at the close of the Governments
opening statement. Special Prose-
cutor Victor o. Waters proceeded
to call witnesses to the stand.
Sees Pattern in Records.
Mr.. Waters, who is being assisted
by Special Attorney Warren P. Cum
ningham. concentrated on the part
in the alleged conspiracy reputedly
played by the American Stores Co.
and its affiliate, Acme Markets, Inc,
in holding up the price of bread in
the National Capital. Through rec
ords, the prosecutor sought to fit
these concerns into the pattern,
which the Government says was
illegal.
The indictment charges that an
illegal conspiracy was entered into
by the Great Atlantic & Pacific Tea
Co.. the American Stores Co., Acme
Markets, Inc: the Sanitary Grocery
Co., Bakery Sales Drivers Local
Union No. 33 and Bakers Local
Union No. 118, Carl Byoir g. Associ-
ates, Inc, and its affiliate, Business
Organizations, Inc, of New York
City; Chester M. Wright & Asso-
ciates, Inc, of Washington, D. c.,
and a dozen individuals. Since 1888,
according to the Government, the
four chains have sold bread at uni
form prices collusively established
at levels higher than similar bread
is sold in Maryland, Virginia and
Delaware. Further, the Government
charges, the A. & P. stores were
prevented by the conspiracy from
selling their lower priced bread
here, although it is generally sold
in the surrounding sections.