Evening star., 1949-12-04
Walsh
CONTINUED From Page C-lJ

| 4 tOlkk oSC ~ ~
vealed he lent the money after
the late President Roosevelt,
whom he had never met, tele-
phoned him and said he would
appreciate" anything Mr.. Hart
| ford did for Elliott. Mr.. Hartford
commented In 1945 that he made
the loan, because he supposed he
was on a spot" and did not want
to Incur the enmity Of the Presi-
dent"
The Hartford brothers and the
whole A. & p. organization regard
the pending civil antitrust case
as the most critical event In COM
pany history.
Advertisements telling how the
company will be destroyed" II
Justice Department lawyers have
their way are not false propa-
ganda, the company insists. Ofh-
cials do not predict exactly what
might happen to A. & p. but they
are certain the results would be
disastrous to the whole chain
store pattern. the food indus
try, farmers. manufacturers and
chances Of lowering prices.
"A. q P. is not only . seller Of
retail groceries" officials ex-
planned. "We have to 60 out
and get the stun and process II
and distribute it in q way that
saves money for the customer
The practices that the Govern.
ment complains Of are legal and
necessary. We use them to meet
competition. not ruin it."
Some Other Views
Judges Minton and Lindley and
the Justice Department took an.
other view of the situation, both
as to ultimate effects and present
legalities.
Assume for the sake Of argu.
ment," Attorney General McGratf
remarked, that A. q p. is as ef.
ficient as 1t claims and is selling
quality commodities at low prices
That doesn't justify illegal prac.
tices any more than 1t would justi.
fy going out and stealing goods Il
sell at cheaper cost than anybody
else could. They are breaking tn.
law and customers and owners o!
other food companies are forcee
to pay more"
Taking judicial notice Of tn.
"high character" of the genera
business and economic policy anc
the management Of A. & p, Judge
Lindley stated: IT cannot escape
the conviction that by their CO.
operation in the plan of opera
ton which involved Illegal actions
Illegal restraint Of trade, they rem.
dered themselves subject to thu
penalty Of the law. It probabl!
is true that many of their actions
standing alone, are devoid o.
wrongful character. But when thu
fabric woven from them is consid'
cred as q whole and 1t appears
contaminated by q corrupt threae
running through the completed
texture. the whole becomes
tainted product"
In even sharper terms Judge
ILindley referred to the Atlantic
Commission Co. as the "rotter
thread" Of the A. & P. fabric.
i In the appellate court opinion
Judge Minton wrote: "The com
|pany's system is completely inte'
grated, both horizontally ans
vertically. The company Is en-
] gagged in the food industry o.
! buyer, manufacturer, professor
broker and retailer. = No cour
has yet said that the accumulation
land use Of great power Is unlaw
full per se. Bigness Is no crim'
although size In itself is an ear
mark Of monopoly power. How
Ia. d P. used that power Is tn
Iquestion.
"The inevitable consequence O
this whole business pattern is h
create q chain reaction Of ever
increasing selling volume and ever
increasing purchasing power TO
! A. q p, and for its competitors
hardships not produced by com
Ipetitive forces and, conceivably
ultimate extinction. On thi
I record 1t seems apparent that tn
| goal Of the conspiracy to establish
|, ID two-piece level at the buyinl
!, level, which enables A. q F. y
meet its competitors with al
!, Ienormous advantage at the retail
level, has been realized"