63. 64. fendants with restraining interstate trade and commerce in charcoal. Demurrer sustained October 17, 1912. United States v. International Harvester Company et al. Petition filed April 30, 1912, in the District Court, District of Minnesota, alleging the acquisition and maintenance of a monopoly in harvesting and agricultural machinery and implements and twine. Testimony taken, expediting certificate filed, and case argued before three circuit judges at St. Paul during November, 1913. 65. United States v. Aluminum Company of America. Petition filed May 16, 1912, in the District Court, Western District of Pennsylvania, to prevent a further monopoly of and restraint upon the interstate and foreign trade and commerce in aluminum and aluminum wares. Consent decree granting relief substantially as prayed for was entered at Pittsburgh on June 7, 1912. United States v. Herman Sielcken et al. Petition filed May 18, 1912, in the District Court, Southern District of New York, alleging conspiracy to reduce the production of coffee, especially in the State of San Paulo, Brazil, and to withdraw a large per cent of coffee from the market by purchase. Motion for preliminary injunction denied. Upon the advice of the State Department that representations had been made by the Brazilian Government that the entire quantity of coffee which was being withheld from market had been sold to a large number of dealers throughout the United States, an order of dismissal was entered May 29, 1913. 66. United States v. Prince Line (Limited) et al. Petition filed June 5, 1912, in the District Court, Southern District of New York, charging defendants, as common carriers of freight and passengers between ports of the United States and ports in the Republic of Brazil, with acquiring and maintaining a substantial monopoly by means of contracts, rebates, and other unlawful acts, and praying for an annulment of said contracts, agreements, 67. etc. Issue joined and testimony in chief on behalf of Government has been introduced. United States v. Central-West Publishing Co. et al. Petition filed August 3, 1912, in the District Court, Northern District of Illinois, charging defendants with engaging in unfair competition against each other and against others engaged in competing industries, with the intent to restrain and monopolize interstate trade and commerce in plate and ready-print matter. Consent decree. granting relief as prayed for, entered at Chicago on August 3, 1912. 68. United States v. Associated Billposters and Distributors of the United States and Canada et al. Petition filed August 3, 1912, in the District Court, Northern District of Illinois, charging defendants with engaging in a combination and conspiracy to place unlawful restraints upon interstate and foreign trade and commerce in posters. Hearing on demurrer set for January 30, 1914. 69. United States v. Motion Picture Patents Company et al. Petition filed August 15, 1912, in the District Court, Eastern District of Pennsylvania, to remove the restraints which defendants have imposed upon interstate and foreign trade and commerce in machines, appliances, and apparatus relating to the motion-picture art, and upon persons engaged in such trade and commerce. The taking of testimony in chief on behalf of Government has been completed. 70. United States v. Calvin N. Payne et al. Indictment returned August 29, 1912, in the Northern District of Texas, charging defendants with engaging in a conspiracy in restraint of interstate and foreign trade and commerce in oils and oil products. Nolle prosequi entered February 25, 1913. (15, 16, and 17 A.) United States v. Consolidated Rendering Co. Indictment returned October 31, 1912, in the District of Massachusetts, charging monopoly of interstate trade and com merce in rendering materials. December 1, 1913, plea of nolo contendere by defendant and fine of $5,000 imposed. United States v. Consolidated Rendering Company et al. Indictment returned October 31, 1912, in the District of Massachusetts, charging monopoly of interstate trade and commerce in rendering materials. December 1, 1913, plea of nolo contendere by corporation and fine of $3,000 imposed. Indictment nolle prossed as to individual defendants. NOTE. These actions were instituted as a result of demurrers having been sustained in cases 15, 16, and 17, and are therefore not counted as additional cases. 71. 72. 73. 74. United States v. The Master Horseshoers' National Protec tive Association of America and others. Petition filed December 12, 1912, in the Eastern District of Michigan, charging defendants with engaging in a combination and conspiracy in restraint of trade and commerce in drilled horseshoes, adjustable calks, and rubber hoof pads. Pending on demurrer. United States v. Philadelphia Jobbing Confectioners' Association et al. Petition filed December 13, 1912, in the Eastern District of Pennsylvania, charging defendants with unlawfully interfering with interstate commerce in candies and confections. Consent decree entered February 17, 1913. United States v. Elgin Board of Trade et al. Petition filed December 14, 1912, in the Northern District of Illinois, charging defendants with combining and conspiring in the interest of a number of large centralizing concerns to restrain interstate commerce in butter and butter fat, and arbitrarily fixing the price thereof to obtain throughout the United States. Issue joined and taking of testimony in open court will be commenced on January 8, 1914. United States v. Charles S. Mellen, Edson J. Chamberlin, and Alfred W. Smithers. Indictment returned Decem 75. 76. 77. 78. ber 23, 1912, in the Southern District of New York, charging a combination and conspiracy to restrain interstate commerce by preventing the construction of subsidiary lines of the Central Vermont Railway Company (itself a subsidiary of the Grand Trunk Railway Company) from Palmer, Mass., to Providence, R. I.; from White River Junction, Vermont, to Boston; and from Boston to Blackstone, connecting there with the PalmerProvidence line. Case at issue awaiting trial. United States v. Kellogg Toasted Corn Flake Company et al. Petition filed December 26, 1912, in the Eastern District of Michigan, alleging that the business policy of the defendant company in fixing and enforcing resale prices on Kellogg's Toasted Corn Flakes is unlawful and tends to restrain and monopolize interstate commerce in said product. United States v. Page et al. Indictment returned February 5, 1913, at Portland, District of Oregon, charging 15 individuals, through the medium of the Produce Merchants' Exchange, of Portland, with unlawfully controlling the purchase, distribution, and sale of approximately 90 per cent of the produce, fruit, and vegetables shipped into the State of Oregon. The defendants entered pleas of guilty on February 21, 1913, and fines aggregating $8,450 were imposed and collected. United States v. Krentler-Arnold Hinge Last Company et al. Petition filed February 7, 1913, in the District Court, Eastern District of Michigan, alleging the unlawful control by defendant of the interstate trade and commerce in shoe and boot lasts, both patented and unpatented. Consent decree was entered at Detroit, Michigan, on February 7, 1913. United States v. United Shoe Machinery Company of New Jersey, et al. Petition filed February 8, 1913; in the District Court at Trenton, New Jersey, seeking to have annulled an alleged unlawful contract involving "inseam trimming machines." 79. United States v. The Southern Wholesale Grocers' Association et al. Petition for rule to show cause why an attachment for a criminal contempt of court for alleged violation of the terms of a decree, entered October 17, 1911 (see No. 9), should not issue was filed in the District Court at Birmingham, Northern District of Alabama, on February 10, 1913. The association and three individual members were adjudged guilty of contempt of court, and on July 29, 1913, fines aggregating $5,500 were imposed. 81. 82. United States v. Board of Trade of the City of Chicago et al. Petition filed February 11, 1913, in the District Court at Chicago, Illinois, attacking rule 33 of the Chicago Board of Trade, by virtue of which it is alleged the price of all corn, oats, wheat, and rye arriving in Chicago at times when the board of trade is not in session is arbitrarily determined. Motion to strike out certain portions of defendants' answer has been argued, and the ruling of the court is awaited. United States v. The Cleveland Stone Company et al. Petition filed February 12, 1913, in the District Court at Cleveland, Northern District of Ohio, charging defendants with establishing and maintaining a practical monopoly of the stone business. United States v. The Delaware, Lackawanna & Western Railroad Company and The Delaware, Lackawanna & Western Coal Company. Petition filed February 13, 1913, in the District Court at Trenton, New Jersey, charging defendants with transporting coal in which it had an interest in violation of the commodities clause of the interstate-commerce act, and with entering into an unlawful contract whereby the Coal Company acquired a monopoly of the sale of anthracite coal produced along the line of the Railroad Company, in violation of the antitrust act. The taking of testimony has been completed and brief is being prepared. Expediting certificate filed and case set for hearing on January 27, 1914. |