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turned March 17, 1922, United States District Court, Southern District of New York, presenting that the defendant manufacturers and sellers of approximately 80 per cent of all the window glass used in the construction of dwellings, hotels, office buildings, etc., in the United States were combining and conspiring to curtail production and enhance prices and suppress competition, the American Window Glass Co. maintaining its own selling agency, and the Johnston Brokerage Co. acting as selling agent for all the other defendant manufacturers, by an interchange of price information arbitrarily fixed and dictated prices and apportioned sales. The combination and conspiracy is further alleged to have been accomplished through agreements entered into between the manufacturers with the aid and cooperation of three union labor leaders, Neenan, Zellers, and Andorfer, and the labor organizations of which they were presidents, whereby certain wage scales were devised, through the aid of which production was curtailed. Demurrer filed April 24, 1922, overruled June 29, 1922. Case now awaiting trial. indictment supersedes No. 15, supra, p. 145.)

(This

United States v. Wickwire Spencer Steel Corporation et al. Petition filed in United States District Court, Southern District of New York, March 20, 1922. It is alleged that the defendants combined and conspired to restrain and monopolize interstate trade and commerce in flour sifters, dish covers, kitchen utensils, etc. An association was conducted along the lines of the Eddy plan. It is also charged that the defendants had a pooling arrangement as to patents and agreements as to uniform freight allowances. Coincident with the filing of the petition a consent decree was entered prohibiting the acts complained of and directing that the association be dissolved.

United States v. American Terra Cotta & Ceramic Company et al. Indictment filed March 27, 1922, in the United States District Court, Northern District of Illinois, presenting that seven corporations and seven

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individuals had conspired and combined for the purpose of restraining and monopolizing interstate trade and commerce in terra cotta. It is alleged that defendants, with others, formed the National Terra Cotta Society; that such society divided the United States into sections, for trade purposes, with certain "open" territory; that the different members of the society were designated to deal in one division and prohibited from doing business with persons in other sections. The corporations all entered into agreements along the line of the "Eddy plan," submitting reports regarding prices, trade conditions, etc., which were redistributed in summarized form, thereby furnishing each member with full information as to the other members' business. On August 4, 1923, counts 2 and 3 were dismissed on motion of the Government as to all defendants; count 1 was dismissed as to all individual defendants with the exception of John Hewitt, representing the Winkle Terra Cotta Co. of St. Louis, Mo. A plea of guilty was then made by all corporation defendants, with the exception of the Winkle Terra Cotta Co., to the first count of the indictment. Fines aggregating $13,500 and costs were assessed by the court. (It is understood that at the completion of a civil suit now pending in St. Louis, Mo., the Winkle Terra Cotta Co. will also plead to the first count of the indictment and accept a fine of $15,000.)

United States v. James (Tip) O'Brien et al. Indictment returned in April, 1922, in the Eastern District of Kentucky against James (Tip) O'Brien and four others under section 1 of the Sherman law for conspiring to prevent the transportation by motor truck of a steel billet from the plant of the Andrews Steel Co., Newport, Ky., to Cincinnati, Ohio. Defendants were tried and convicted at the same term of court and four were sentenced to terms of eight months each in the Clark County Jail, Winchester, Ky., and one was sentenced to a term of 30 days in the common jail of the city of Covington. Four of the defendants have appealed to the Circuit Court of Appeals for the Sixth Circuit. Decision of the District Court affirmed by the

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Circuit Court of Appeals on June 5, 1923. Petition for rehearing denied by the Circuit Court of Appeals on July 18, 1923.

United States v. United Gas Improvement Co. et al. Petition filed April 20, 1922, in the United States District Court, Southern District of New York, praying for relief from acts similar to those alleged in the criminal case (supra, No. 22). Order to discontinue entered March 26, 1923.

United States v. Trenton Potteries Co. et al.

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Indictment

returned August 8, 1922, in the United States District Court, Southern District of New York, against 23 corporations and 23 individuals. It alleges that 85 per cent of all the sanitary pottery in the United States is manufactured and sold by these defendants; that through a combination and conspiracy in restraint of trade defendants arbitrarily fixed and exacted uniform and noncompetitive prices, and that the sales of this product were confined to certain parties termed "legitimate jobbers," all others being compelled to trade through these jobbers at increased prices. The trial of the case resulted in a verdict of guilty as to 20 individuals and 23 corporations and acquittal as to the remaining three defendants. On April 20, 1923, jail sentences aggregating 52 months and fines aggregating $169,000 were imposed. The defendants have appealed from the judgment of the court.

United States v. A. Schrader's Son, Inc. Petition filed August 31, 1922, in United States District Court for the Eastern District of New York. Defendants are engaged in the manufacture of brass fittings for rubber goods, such as valves, pneumatic pressure gauges, etc.,. used on automobile tires and tubes. It is alleged that conditions of sale imposed upon purchasers by defendants (a) permit resale only to designated purchasers; (b) at fixed prices; (c) articles to be used only in connection with others manufactured by defendants;

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(d) require discriminatory prices in certain instances, etc. License agreements, used extensively, have been effective in restraining trade in interstate commerce. Final decree granting all relief prayed for entered July 14,

1923.

United States v. Railway Employees' Dept. of the American Federation of Labor et al. Petition filed September 1, 1922, in the United States District Court for the Northern District of Illinois. This case arose out of the railroad strike of 1922. The bill of complaint prayed that the strikers and union officials and their agents be enjoined from certain enumerated acts. It was alleged that the activities of the strikers resulted in interference with commerce and the transportation of the mails. A temporary restraining order was issued September 1, 1922. Hearing on the application for a preliminary injunction was commenced September 11, 1922. First preliminary injunction was granted September 25, 1922; second, October 5, 1922. The joint and several answers of defendants were filed October 6, 1922, containing a motion to dissolve and dismiss. Briefs for each side were submitted, and the court on January 5, 1923, in a written opinion denied the motion. The case went to final hearing on May 2, 1923, and on July 12, 1923, the court rendered its opinion sustaining the contentions of the Government. On the same day a final decree was entered making permanent the injunction theretofore granted.

United States v. Clements et al. Indictment returned September 25, 1922, in the United States District Court for the Southern District of California. This case grew out of the railway shopmen's strike of 1922. The defendants were charged with having abandoned several trains on the Santa Fe system in several small desert villages around Needles, Calif., causing much suffering to passengers, delaying their travel and interfering with interstate transportations. A demurrer to this indictment was sustained and a second indictment returned November 8, 1922. The eight defendants were

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tried and found guilty December 20, 1922, the jury deliberating less than an hour. Fines were imposed. Defendants have taken an appeal to the Circuit Court of Appeals, which will be argued at the February term, 1924.

United States v. C. C. Hanley et al. Indictment returned September 27, 1922, in the United States District Court for the Western District of Texas, alleging a conspiracy to interfere with interstate commerce by injuring and disabling locomotives through the introduction into such locomotives of quicksilver and other deleterious chemicals. Mistrial was declared on first trial because of illness of juror. A second indictment was returned, substantially the same as the first, and upon retrial five defendants were found guilty (January 24, 1923): C. C. Hanley, J. D. Yocham, James L. and John F. Doak, and J. E. Williams. H. H. Dietz was acquitted, and because of insufficient evidence the case was dismissed as to J. M. Morgan, C. C. Poe, and Val. Calloway. On February 3, 1923, the convicted defendants were each sentenced to 10 months' confinement and fined $2,500. Case resulted from shopmen's strike.

United States v. Ed. Powell.

Indictment returned in the United States District Court for the Eastern District of Kentucky October 18, 1922, charging Powell and other unknown persons with conspiring to restrain interstate trade and commerce by setting fire to certain freight carloads of coal. Powell pleaded guilty and was sentenced to 10 days in the Kenton County Jail. The other conspirators were never identified. This case grew out of the shopmen's strike.

United States v. Fur Dressers' and Fur Dyers' Assn. et al. Petition filed November 8, 1922, in United States District Court, Southern District of New York, alleging a combination and conspiracy in restraint of interstate trade and commerce among defendants, dealers in raw, dressed, and dyed fur skins. The restraint is alleged to have been accomplished, among other things, by the