33.

34.

35.

defendants (Butchart and Moore), demurrers interposed by them were overruled and the case was tried in October, 1919. After a conference of 12 hours the jury was unable to agree upon a verdict. Upon a retrial the jury returned a verdict of guilty, and fines aggregating $7,500 were imposed. Defendants Butchart and Moore appealed to the Circuit Court of Appeals, where the case was argued on October 15, 1923. Awaiting decision.

United States v. Pan American Commission Corporation, Comision Reguladora del Mercado de Henequen et al. Petition filed January 30, 1917, in the District Court, Southern District of New York, charging the defendants with entering into a combination to monopolize the sale and increase the price of sisal (used in the manufacture of binder twine) in the United States. The contract forming the basis of this suit was canceled by agreement of the parties in January, 1918, and the Pan American Commission Corporation was dissolved in February, 1918. When the case came on for hearing in July, 1918, the defendants made a motion to dismiss on the ground that the case had become moot. This motion was granted by the court, and on September 20, 1918, a decree was entered dismissing the petition without prejudice.

United States v. Jensen Creamery Co. et al. Indictment returned February 24, 1917, in the District Court of Idaho against 8 corporations and 11 individual defendants, charging them with combining and conspiring to restrain and monopolize interstate trade and commerce in creamery and dairy products in the Northwestern States. In February, 1919, the Jensen Creamery Co., one of the corporate defendants, plead guilty and was fined $7,500. The trial of the remaining defendants resulted in a verdict of acquittal.

United States v. Aileen Coal Co. et al. (Smokeless Coal Combination.) Indictment returned March 5, 1917, in the District Court, Southern District of New

36.

York, against 108 corporations and 59 individuals, charging them with entering into a combination to eliminate competition in the sale of semibituminous coal, known in the trade as New River coal and Pocahontas coal, by means of a plan concertedly adopted and executed and involving the fixing by agreement of uniform minimum prices and terms of sale. Trial commenced June 18, 1917, and on July 12, 1917, the jury returned a verdict of acquittal.

United States v. Algoma Coal & Coke Co. et al. Indictment returned March 5, 1917, in the District Court, Southern District of New York, charging defendants with combining to eliminate competition in the sale of semibituminous coal, known in the trade as New River coal and Pocahontas coal, by a plan involving among other things the sale of their product, through a common sales agency (Castner, Curran & Bullitt, Inc.) at uniform minimum prices and terms of sale fixed by agreement, the pooling of the proceeds of sale and the distribution thereof ratably between the several corporate mining defendants, etc. In view of the verdict of aquittal in the Aileen case (No. 35, supra), which was the strongest of the group, a nolle prosequi was entered on July 19, 1917. 37.

United States v. Baker-Whiteley Coal Co. et al.

(Bunker

Coal Combination.) Indictment returned April 9, 1917, in the District Court, Southern District of New York, charging defendants with entering into a combination to eliminate competition in the sale of so-called bunker coal by means of a plan concertedly adopted and executed and involving the fixing by agreement of uniform minimum prices and uniform terms of sale. About one-half of the defendants, who were likewise defendants in the Aileen case (No. 35, supra), entered pleas in bar of autrefois acquit on the ground that the bunker transactions constituted part of the offense charged in the Aileen case. These pleas were sustained by the court on July 20, 1917. The case was dismissed as to the remaining defendants.

38.

39.

United States v. Simpson et al. Indictment returned April 2, 1917, in the Supreme Court, District of Columbia, charging defendants with entering into an agreement as to the prices at which they would sell milk in the District of Columbia during the months of May to September, inclusive, 1916, and in pursuance of which uniform and increased prices were fixed and maintained. Nolle prosequi entered on April 23, 1923.

40.

United States v. Mead et al. Indictment returned April 12, 1917, in the District Court, Southern District of New York, charging defendants with entering into a combination in restraint of interstate and foreign trade and commerce in newsprint paper. Among other things it is charged that the defendants agreed to refrain from competing with each other, to cooperate in discouraging the erection of new mills or the installation of new machinery, to make simultaneous representations as to the alleged increased cost of production and alleged shortage of paper, and to curtail production and concertedly work for materially higher prices, etc. In November, 1917, five of the seven defendants entered pleas of nolo contendere and were fined amounts aggregating $11,000; and the case was dismissed as to one defendant for lack of evidence and continued as to the remaining defendant until he returned to the United States. Nolle prosequi entered as to remaining defendant on November 20, 1923.

United States v. Chicago Mosaic & Tiling Co. et al. Indictment returned May 5, 1917, in the District Court, Northern District of Illinois, charging defendants, each a member or a representative of a member of the Chicago Mantel & Tile Contractors' Association, with combining and conspiring to restrain interstate trade and commerce in wall and floor tiles. Among other things, the defendants refused to deal with nonmembers, induced manufacturers to refuse to sell tiles to nonmembers, maintained uniform prices, etc. Argued on demurrer in December, 1917. Demurrer overruled on February 12, 1918. Case set for trial in February, 1924.

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42.

43.

United States v. National Association of Master Plumbers of the United States et al. Petition filed May 19, 1917, in the District Court, Western District of Pennsylvania, charging national association, its affiliated State and local associations, their officers and members with combining and conspiring to restrain interstate trade and commerce in plumbing goods by concertedly refusing to sell goods which they did not themselves install and in refusing to install goods which they did not themselves sell, coupled with the practice of refusing to patronize manufacturers and wholesale dealers who sold plumbing goods directly to consumers or to nonmember retailers. The case was not contested, and an agreed decree enjoining the defendants from further committing the acts complained of was entered on May 19, 1917.

United States v. M. Piowaty & Sons et al. Indictment returned May 24, 1917, in the District Court, District of Massachusetts, charging defendants with combining through the instrumentality of the National Onion Association to control the onion crop and regulate the quantity placed on the market in such manner as to bring about a very substantial increase in price. On September 12, 1917, a demurrer was sustained as to the first count and overruled as to the second count. Five of the defendants entered pleas of nolo contendere and were fined amounts aggregating $1,250. A nolle prosequi was entered as to the remaining defendants.

United States v. Gilman et al. Indictment returned June 2, 1917, in the District Court, Northern District of Illinois, charging defendants, each a dealer in eggs and a member of the Chicago Butter and Egg Board, with purchasing large quantities of eggs as dealers and then concertedly adopting and following a practice of making fictitious trades among themselves on the board at prices higher than the true market prices, thereby artificially enhancing the price of eggs throughout a large section of the country. Demurrer overruled February 27, 1918. Indictment nolle prossed in September, 1921.

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45.

46.

United States v. New England Fish Exchange et al. Petition filed June 21, 1917, in the District Court, District of Massachusetts, charging defendants with combining to restrain and monopolize interstate commerce in the products of the New England fish industry. Among other things it is alleged that practically all the fish brought in on the North Atlantic coast is marketed through the defendants and that they have entered into agreements involving the fixing of maximum prices for buying and minimum prices for selling fish. A decision favorable to the Government was handed down July 11, 1919. A final decree carrying out the method of dissolution suggested in the opinion of the court was entered December 4, 1919.

United States v. St. Clair et al. Indictment returned July 6, 1917, in the Supreme Court, District of Columbia, charging defendants, St. Clair, Dulin, and Cook, agents for the Havener Baking Co., and defendant Greene, agent for the Corby Baking Co., with combining and conspiring to arbitrarily fix and raise the price of bread and with refusing to sell bread to certain dealers who decline to maintain the established price of 10 cents per loaf. Nolle prosequi entered February 21, 1918.

United States v. National Retail Monument Dealers' Association of America et al. Indictment returned July 24, 1917, in the District Court, District of Maryland, charging defendants with combining and conspiring to restrain trade and commerce in monuments and memorials by the compilation and circulation of so-called "honorary lists" of producers, manufacturers, and wholesalers who refuse to sell to so-called illegitimate retailers and to ultimate purchasers, and by inducing members of the association not to purchase monuments and memorials from any producer, manufacturer, or wholesaler not on such lists. On September 12, 1917, the court accepted pleas of nolo contendere by the several defendants and fined them amounts aggregating $6,255.