APPENDIX P.

MEMORANDA OF CASES INSTITUTED BY THE UNITED STATES UNDER THE ANTI

TRUST LAWS.

(Revised to October 15, 1915.)

United States v. Jellico Mountain Coal Company. (43 Fed. 898, 46 Fed. 432.) Suit in Circuit Court at Nashville, Tenn., October 13, 1890, against the members of the "Nashville Coal Exchange," composed of various coal-mining companies operating mines in Kentucky and Tennessee and of persons and firms dealing in coal in Nashville, formed for the purpose of fixing prices and regulating the output of coal. Upon hearing the court, on June 4, 1891, held the combination to be in violation of the Anti-trust law and enjoined the further carrying out of the agreement.

United States v. Greenhut et al. (50 Fed. 469.) A proceeding by indictment in District Court, Massachusetts, May 16, 1892, against the officers of the Distilling and Cattle Feeding Co. (Whiskey Trust) for an alleged violation of the Anti-trust law. Indictment quashed, as allegations were held not to constitute an offense under the statute.

In re Corning. (51 Fed. 205.) Application to District Court, N. D. Ohio, June 11, 1892, for a warrant of removal from Ohio to Massachusetts to answer to the indictment found in the Greenhut case. Application denied and prisoner discharged. In re Terrell. (51 Fed. 213.) Application to Circuit Court, S. D. New York, June 28, 1892, for a writ of habeas corpus to secure a discharge from arrest and detention upon a warrant for removal from New York to Massachusetts to answer to the indictment found in the Greenhut case. Petitioner discharged. In re Greene. (52 Fed. 104.) Petition to Circuit Court, S. D. Ohio, August 4, 1892, for writ of habeas corpus to secure release from the custody of the marshal, by whom he was held awaiting an order for the removal of Greene to Massachusetts to answer to the indictment in the Greenhut case. Prisoner discharged.

United States v. Nelson. (52 Fed. 646, 201 U. S. 92.) Indictment in District Court, Minnesota, October 10, 1892, of a num

ber of lumber dealers for conspiring together to raise the price of lumber. Demurrer to indictment sustained. United States v. Trans-Missouri Freight Association. (53 Fed. 440, 58 Fed. 58, 166 U. S. 290.) Petition filed January 6, 1892, in Circuit Court Kansas, to enjoin the operations of a combination of railroads engaged in interstate commerce, formed for the purpose of maintaining "uniform rates," etc. Petition dismissed by Circuit Court; decree of dismissal affirmed by Circuit Court of Appeals, and reversed by the United States Supreme Court.

United States v. Workingmen's Amalgamated Council of New Orleans et al. (54 Fed. 994, 57 Fed. 85.) Suit in Circuit Court, E. D. Louisiana, March 25, 1893, to restrain defendants, a combination of workmen, from interfering with interstate and foreign commerce. An injunction was granted and the decree was affirmed by the Circuit Court of Appeals. United States v. Patterson et al. (55 Fed. 605, 59 Fed. 280.) Indictment in Circuit Court, Massachusetts, February 28 and June 7, 1893, of members of a combination formed for the purpose of controlling the price of cash registers. Letter of Attorney-General dated October 16, 1893, shows case was allowed to lapse because of reconciliation of complaining witness with defendants. (For summary of proceedings upon renewal of prosecution, see page 385; also action in equity entitled United States v. National Cash Register Co., page 382.) United States v. E. C. Knight Company. (60 Fed. 306, 60 Fed. 934, 156 U. S. 1.) Petition in Circuit Court, E. D. Pennsylvania, January 30, 1894, to enjoin the operations of an alleged Sugar Trust. The petition was dismissed January 30, 1894. Appeal was taken to the Circuit Court of Appeals and the decree affirmed. From this decision an appeal was taken to the Supreme Court of the United States, where the decree of dismissal was again affirmed.

United States v. Eugene V. Debs et al. Petition filed on July 3, 1894, in the U. S. Circuit Court for the District of Indiana, seeking to restrain interference by American Railway Union and forty-nine individual defendants with mails and interstate commerce carried by all railroads operating in Indiana. An injunction was issued on July 3, 1894, which was continued in force until September 19, 1898, when the case was dismissed

at the instance of the government. (See this page, post, for other proceedings against same defendant.)

United States v. Agler. (62 Fed. 824.) Information filed in Circuit Court, Indiana, July 12, 1894, charging contempt of court in disobeying an injunction restraining Agler and others from interfering with interstate commerce and obstructing the mails. Agler was a member of the American Railway Union, the members of which order had been enjoined from interfering with the carrying of the mails and from obstructing interstate commerce. Information quashed.

United States v. Elliott. (62 Fed. 801, 64 Fed. 27.) Suit in Circuit Court, E. D. Missouri, July 6, and October 24, 1894, to restrain Elliott, Debs, and others, members of the American Railway Union, from carrying out an unlawful conspiracy to interfere with interstate commerce and to obstruct the carrying of the mails. Preliminary injunction granted. Final decree entered April 6, 1896, against two hundred and ninetyfive defendants, and temporary injunction made permanent. United States v. Debs et al. (64 Fed. 724.) Petition filed on July 2, 1894, in the Circuit Court for the Northern District of Illinois, alleging conspiracy to obstruct the mails and to interfere with interstate commerce. A temporary injunction was issued on July 2, 1894, for violation of which contempt proceedings were instituted. Original petition dismissed on July 28, 1899, at the instance of the government.

United States v. Debs et al. Proceedings in contempt in the Circuit Court, N. D. Illinois, December 14, 1894, to punish Debs and others for disobeying an injunction restraining them from interfering with interstate commerce and with obstructing the mails. Defendants found guilty and punished.

In re Debs, petitioner. (158 U. S. 564.) Application to United States Supreme Court, July 2, 1894, for a writ of habeas corpus to secure a discharge from imprisonment for disobeying an injunction of the Circuit Court for the Northern District of Illinois, restraining Debs and others from conspiring to interfere with interstate commerce. Petition for the writ denied. United States v. Cassidy. (67 Fed. 698.) Indictment in District Court, N. D. California, April 1 and 2, 1895, under section 5440, Revised Statutes, for combining and conspiring to restrain trade and commerce between the States, in violation of the Anti-trust law, of which conspiracy the Pullman strike in Cali

fornia was a result. The trial resulted in a disagreement of the jury on April 6, 1895. A nolle prosequi entered on July 1, 1895. Moore v. United States. (85 Fed. 465.) Indictment returned November 4, 1895, against the members of an association of dealers in coal at Salt Lake City for entering into a conspiracy, while Utah was a territory, to regulate the price of coal. Moore was tried and convicted in the District Court of Utah. The Circuit Court of Appeals reversed the judgment of conviction, for the reason that upon the admission of Utah as a State it was no longer a "Territory" within the meaning of the Antitrust act, and the combination not being in restraint of interstate commerce, the court had no jurisdiction of the offense. United States v. Joint Traffic Association. (76 Fed. 895, 89 Fed. 1020, 171 U. S. 505.) Suit instituted January 8, 1896, in the Circuit Court, S. D. New York, to enjoin the alleged violation of the Anti-trust law by a combination of railroads. The Circuit Court dismissed the bill, and the Court of Appeals affirmed the action of the Circuit Court. These judgments were reversed by the United States Supreme Court. United States v. Addyston Pipe and Steel Company. (78 Fed. 712, 85 Fed. 271, 175 U. S. 211.) Suit instituted December 10, 1896, Circuit Court, E. D. Tennessee, to enjoin the operations of a combination of manufacturers of cast-iron pipe, by which it was attempted to control prices. The petition was dismissed by the Circuit Court. The Circuit Court of Appeals reversed the decree of the Circuit Court and remanded the case with instructions to enter a decree for the government. On appeal to the Supreme Court the action of the Circuit Court of Appeals was affirmed.

United States v. Hopkins et al. (82 Fed. 529, 84 Fed. 1018, 171 U. S. 578.) Suit instituted in the Circuit Court, Kansas, December 31, 1896, to restrain the operations of the "Kansas City Live Stock Exchange," organized to control shipments of live stock. The injunction was granted and an appeal was taken to the Circuit Court of Appeals, from whence it was removed to the Supreme Court of the United States. By that court the decree of the Circuit Court was reversed and the case was remanded with instructions to dismiss the petition.

'Anderson v. United States. (82 Fed. 998, 171 U. S. 604.) Petition filed June 7, 1897, in the Circuit Court for the Western

District of Missouri to restrain the operations of “The Traders' Live Stock Exchange," of Kansas City, an association formed for the purpose of buying cattle on the market. Decree of temporary injunction was granted and the case was appealed to the Circuit Court of Appeals for the Eighth Circuit. From there it was certified to the Supreme Court of the United States for instructions. The Supreme Court reversed the decree of the Circuit Court and remanded the case with directions to dismiss the petition.

United States v. Coal Dealers' Association. (85 Fed. 252.) Petition filed December 16, 1897, in the Circuit Court, N. D. California, to restrain the operations of a combination of coal dealers. A temporary injunction was granted, from which no appeal was taken, and on May 2, 1899, a final decree was ordered granting the relief prayed for.

United States v. Chesapeake and Ohio Fuel Company et al. (105 Fed. 93, 115 Fed. 610.) Petition filed May 8, 1899, in the Circuit Court, S. D. Ohio, to annul a contract and dissolve a combination among and between producers and shippers of coal in Ohio and West Virginia. Defendants were enjoined, contract was declared void and illegal, and the combination was dissolved.

United States v. Northern Securities Co. et al. (120 Fed. 721, 193 U. S. 197.) Petition filed March 10, 1902, in the Circuit Court, Minnesota, to enjoin the defendant, the Northern Securities Co., from acquiring, holding, or voting the shares of the capital stock of two competing railway companies. The Circuit Court on April 9, 1903, entered a decree in favor of the government, and this decree was, on March 14, 1904, affirmed by the Supreme Court of the United States.

United States v. Swift & Co. et al. (122 Fed. 529, 196 U. S. 375.) Petition filed May 10, 1902, in the Circuit Court, Northern District of Illinois, to restrain the defendants, who were engaged in the buying of live stock and the selling of dressed meats, from carrying out an unlawful conspiracy entered into between themselves and the various railway companies to suppress competition and to obtain a monopoly. Demurrers to the petition were overruled on February 18, 1903, and a preliminary injunction was granted. The defendants having failed to answer, the court, on May 26, 1903, entered a final decree.