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ing and construction work, with conspiring to restrain and monopolize interstate commerce, in violation of the Sherman Antitrust Law. It was charged, among other things, that the defendants eliminated competition by obtaining control of competitors, by purchase or otherwise, and agreeing to fix and maintain prices for the sale and resale of sand; and that they enhanced prices and otherwise dominated the trade. On Jauuary 18, 1921, the defendants pleaded guilty and paid fines aggregating $40,000. At the same time a suit in equity was filed and a decree entered prohibiting the acts complained of in the indictment.

United States v. Albany Chemical Company et. al. Petition filed January 10, 1921, in the District Court, Southern District of New York, charging the defendants, the Albany Chemical Co. and two individuals engaged in manufacturing and selling aspirin in interstate commerce, with combining and conspiring to restrain and monopolize trade, contrary to the Sherman Act. It was charged that the defendants sought to improperly appropriate to themselves the exclusive use of the word "aspirin" by having it registered as a trade-mark, and by other means eliminating competition. At the same time an agreed decree was entered ordering, among other things, the cancellation and relinquishment of the alleged trade-mark rights.

United States v. Andrews Lumber & Mill Co. et al. Indictment returned January 21, 1921, at Chicago, charging 68 defendants, constituting substantially all of the manufacturers in Chicago, of sash, doors, and interior finish, a number of building contractors, and members of the United Brotherhood of Carpenters and Joiners of America, a labor union whose membership installs in Chicago substantially all of the product of the manufac turers, with restraining interstate commerce in sash, doors, and interior finish in violation of the Sherman Antitrust Act. The indictment charges that the defendants were enabled to monopolize the trade in Chicago in sash, doors, and interior finish and to eliminate com

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petition and exact excessive prices by agreeing among
themselves that the manufacturers would not employ
persons not members of the union and that members of
the union would not install material made by manu-
facturers in other States, and that they thus restrained
interstate trade and commerce. On March 12, 1921, all
defendants filed demurrers and motions to quash, super-
seded by indictments returned September 2, 1921.
(See
No. 10, infra, p. 142.)

United States v. Poster Advertising Association (Inc.) et al. Indictment returned January 26, 1921, in the District Court at Chicago, charging the Poster Advertising Association, whose membership is confined to one of the owners of billboards occupying practically all of the suitable and available sites in each of the larger towns and cities of the United States, and the Poster Advertising Co. (Inc.), which is engaged in the business of preparing and furnishing posters for advertisers and shipping them in interstate commerce to members of the association for exhibition upon their billboards, together with 31 officers and directors of the association and the advertising company, with monopolizing interstate trade and commerce in bill posters in violation of the Sherman Antitrust Act.

The indictment charges that the monopolization was effected by the practice of the billboard owners, members of the association, of receiving for exhibition only posters furnished by the advertising company and by the refusal of the advertising company to supply posters except to members of the association or to serve any advertiser dealing with its competitors.

United States v. Robert E. Miller (Inc.) et al. Petition filed January 28, 1921, in the District Court, Southern District of New York, charging the defendants, manufacturers of rubber heels, with conspiring among themselves and with dealers to restrain and monopolize interstate trade and commerce by fixing and agreeing to maintain uniform sale prices, and requiring dealers

70681-23-10

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to maintain such prices. At the same time a decree was entered prohibiting the acts complained of in the petition.

United States v. Corrugated Paper Manufacturers Associa tion (Inc.). Petition filed February 2, 1921, in the District Court, Southern District of New York, charging defendant, a combination of corrugated paper manufacturers, with conspiring to restrain and monopolize interstate trade and commerce by fixing and agreeing to maintain uniform sales prices, discounts, conditions, and policies. At the same time a decree was entered prohibiting the acts complained of in the petition.

United States v. Southern Pine Association et al. Petition filed February 23, 1921, in the District Court, Eastern District of Missouri, at St. Louis, charging the association and 130 of its members, who produce more than 35 per cent of the yellow-pine lumber manufactured in the United States, with combining and conspiring to restrain interstate commerce in lumber, in violation of the Sherman Antitrust Act.

Among the means employed were the adoption by defendants of an arbitrary uniform costs system, the establishment of minimum selling prices upon the basis of an average cost of production, the distribution by the association of information as to the condition of supply and demand showing current production, sales, stocks on hand, etc., which it is charged the defendants agreed to use as a guide for the regulation or curtailment of production.

United States v. Jones et al. Indictment filed February 25, 1921, in the District Court at Indianapolis, charging defendants, operators of bituminous coal mines and officials of the mine workers' union, with conspiring to restrain interstate trade and commerce, in violation of the Sherman Antitrust Act. Among many means by which the restraint was to be effected, the indictment charged an agreement among the defendants to create shortages and by various means, including closing

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down mines, to limit production and distribution, to establish a uniform accounting system, and to act in concert to increase wages and prices of coal. Dismissed upon motion of the Government on June 28, 1923.

United States v. Alpha Portland Cement Company. Indictment returned March 1, 1921, in the District Court, Southern District of New York, against 74 corporate and 40 individual defendants, manufacturers of Portland cement, charging them with engaging in a combination and conspiracy to restrain and monopolize interstate trade and commerce.

Among the many means of effecting the restraint and monopolization, the indictment charges that the defendants concertedly divided the territory, adopted uniform selling prices, withheld cement from the market, curtailed production by suspending the manufacture of cement for given periods, and acquired and dismantled mills.

No further action has been taken in this case owing to the fact that additional suits have been filed against practically the same defendants at New York, Chicago, Kansas City, and Denver.

United States v. W. Hamilton Smith et al.

Indictment

returned March 3, 1921, in the Supreme Court of the District of Columbia, charging the defendants, all the large wholesale and retail dealers in coal in the city of Washington, with engaging in a conspiracy in restraint of trade, effected among other means, by inducing all persons engaged in the local retail coal trade to become members of The Coal Merchants Board of Trade and then to refrain from competition either by selling to each other's customers or to the customers of defendants or by reducing prices, and by preventing those who refused from obtaining a supply of coal. October 20, 1923, plea in abatement sustained and indictment quashed. The Government has appealed to the Circuit Court of Appeals for the District of Columbia.

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President Harding's Administration-March 4, 1921-August 2, 1923. [HARRY M. DAUGHERTY, Attorney General, March 4, 1921, to date.]

United States v. Kern et al. Petition filed March 8, 1921, in the District Court, Southern District of New York, against six defendants, dealers in perforated paper music rolls, charging them with engaging, together with other persons, in a conspiracy to restrain and monopolize interstate trade and commerce, principally by fixing retail prices for music rolls. At the same time an uncontested decree was entered prohibiting the practices complained of.

United States v. American Coated Paper Company et al. Petition filed March 14, 1921, in the District Court, Southern District of New York, charging defendants, several manufacturers of white glazed paper, with engaging in a combination and conspiracy to restrain and monopolize interstate trade and commerce, effected by an agreement to fix and observe uniform prices, the use of a common selling agency, and by other means calculated to dominate and control the trade. At the same time an uncontested decree was entered prohibiting the employment of a common selling agency and the other acts complained of.

United States v. American Lithographic Company et al. Petition filed March 26, 1921, in the District Court, Southern District of New York, charging the defendants, five corporations manufacturing lithographed labels and like articles, with engaging in a combination and conspiracy to restrain and monopolize interstate trade and commerce in violation of the Sherman Antitrust Act. It was charged that the restraint and monopoly was to be effected principally by an agreement among the defendants to fix and maintain uniform and minimum prices, to adopt uniform sales policies, and by exchanging and discussing information relative to costs, selling prices, and kindred subjects. At the same time a consent decree was entered prohibiting the acts complained of.

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