38.

39.

40.

United States v. Union Pacific Railroad Company et al.. Petition filed February 1, 1908, in the Circuit Court, District of Utah, charging a combination and conspiracy in violation of the Sherman Act on the part of the socalled Harriman lines. On June 23, 1911, the petition was dismissed by the Circuit Court on the ground that the roads involved were not competing lines. An appeal was taken to the Supreme Court, which handed down a decision reversing the lower court on December 2, 1912. A final decree dissolving the combination was entered. at St. Paul, Minn., on June 30, 1913.

United States v. E. J. Ray et al. Indictment returned February 14, 1908, in the Circuit Court, Eastern District of Louisiana, against 72 laborers, charging a combination and conspiracy in restraint of foreign trade and commerce. See note to case 40.

United States v. E. J. Ray et al. Indictment returned February 15, 1908, in the Circuit Court, Eastern District of Louisiana, against 72 laborers, charging a combination and conspiracy in restraint of interstate trade and commerce.

NOTE. On January 26, 1911, the above cases Nos. 39 and 40 were consolidated for trial. A verdict of guilty was returned as to three defendants, and fines aggregating $110 were imposed. An appeal was granted and the judgment of the lower court was affirmed by the Circuit Court of Appeals.

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42.

United States v. Joseph Stiefvater et al. Indictment returned February 15, 1908, in the Circuit Court, Eastern District of Louisiana, charging a combination in restraint of trade and commerce in the manufacture and sale of plumbers' supplies. Case dismissed June 25, 1910.

United States v. American Naval Stores Company et al. Indictment returned April 11, 1908, in the Circuit Court, Southern District of Georgia, charging a combination in restraint of trade and commerce in the manufacture and sale of turpentine. On May 10, 1909, a verdict of

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44.

guilty was returned as to five individual defendants and fines aggregating $17,500 were imposed, and two defendants were sentenced to serve three months in jail. Appeal taken to Circuit Court of Appeals, where the judgment was affirmed. Certiorari granted by Supreme Court, where the judgment of the lower court was reversed June 9, 1913, on ground of error in judge's charge to jury. The case was retried in the lower court and on June 1, 1914, a verdict of not guilty was returned.

United States v. New York, New Haven and Hartford Railroad Company et al. Petition filed May 22, 1908, in the Circuit Court, District of Massachusetts, charging the New Haven Co., with combining under common control the steam and electric railway systems in New England. Dismissed June 26, 1909.

United States v. John H. Parks et al. Indictment returned June 16, 1908, in the Circuit Court, Southern District of New York, charging a combination in restraint of trade in the manufacture and sale of paper. On June 19, 1908, defendants plead guilty, and fines aggregating $50,000 were imposed and collected.

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President Taft's Administration, March 4, 1909–March 4, 1913.

[GEO. W. WICKERSHAM, Attorney General, March 4, 1909-March 4, 1913.]

United States v. Allen Brothers Company et al. Petition filed April 16, 1909, in the Circuit Court, Southern District of New York, against a number of paper manufacturers for entering into a combination in restraint of trade and commerce (known as the F. & M. Association) with respect to the manufacture, price, sale, shipment, and distribution of fiber, manila, and other papers. A decree ordering the dissolution of the association and enjoining the members from further participation therein was entered on May 10, 1909.

United States v. American Sugar Refining Company et al. Indictment returned July 1, 1909, in the Southern District of New York. A plea of the statute of limitations was interposed by the defendants Kissell and Harned, which was sustained by the Circuit Court. An appeal therefrom was taken to the Supreme Court, where the matter was decided in favor of the Government. The trial of this case resulted in a disagreement of the jury on March 31, 1912.

United States v. Albia Box & Paper Company et al. Indictment returned December 7, 1909, in the Southern District of New York, charging a combination in restraint of trade in paper board. February 7, 1910, all defendants plead guilty and fines aggregating $57,000 were imposed and collected.

Indictment re

United States v. John S. Steers et al. turned February 17, 1910, in the Eastern District of Kentucky, charging conspiracy to restrain trade in tobacco. This is the so-called Night Rider case April 16, 1910, a verdict of guilty was returned as to 8 of 12 defendants and fines aggregating $3,500 were imposed. The case was appealed to Circuit Court of Appeals, and

the judgment was affirmed. On May 11, 1912, the sentences were commuted by the President to payment of costs of suit.

United States v. Imperial Window Glass Company et al. Indictment returned April 7, 1910, in the Western District of Pennsylvania, charging defendants with having entered into a combination and conspiracy to enhance the price of window glass. Demurrers to the indictment were overruled, and on November 10, 1910, pleas of nolo contendere were entered and fines aggregating $10,000 were imposed and collected.

United States v. National Packing Company et al. Indictment returned March 21, 1910, in the Northern District of Illinois, charging defendants with entering into a combination to restrain trade in fresh meats. Demurrer to indictment sustained June 23, 1910.

United States v. National Packing Company et al. Petition filed March 21, 1910, in the Circuit Court, Northern District of Illinois, charging a combination in restraint of trade in fresh meats and praying for dissolution. Dismissed in order to facilitate the prosecution of the criminal case against the same defendants.

United States v. Cudahy Packing Company et al. Indictment returned in April, 1910, in the Southern District of Georgia, charging a combination to control prices. and restrict competition in the sale of meat. Demurrer sustained as to second count on May 21, 1914. Nolle prosequi entered March 9, 1915.

United States v. Missouri Pacific Railroad Company and twenty-four other railroads. Petition filed May 31, 1910, in the Circuit Court, Eastern District of Missouri, to restrain violation of Sherman law, and temporary restraining order issued on that day enjoining advances in freight rates in western trunk-line territory. Thereafter the Interstate Commerce Commission enjoined the rate advances which the temporary restraining order

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had prevented from going into effect, and the petition was dismissed.

United States v. Southern Wholesale Grocers' Association. Petition filed June 9, 1910, in the Circuit Court, Northern District of Alabama, against an alleged combination to regulate prices and control marketing of groceries. An agreed decree was entered October 17, 1911, perpetually enjoining the association, its officers and members, from doing any and all of the acts complained of. See case number 70, page 99.

United States v. Great Lakes Towing Company et al. Petition filed June 19, 1910, in the Circuit Court, Northern District of Ohio, against an alleged combination of towing facilities on the Great Lakes. A decision in favor of the Government was handed down February 11, 1913, and after much consideration as to how to dissolve the combination the court entered a final decree on February 13, 1915.

United States v. Chicago Butter & Egg Board. Petition filed June 13, 1910, in Circuit Court, Northern District of Illinois, charging defendants with arbitrarily fixing and controlling the price paid for butter and eggs throughout a large section of the United States. A demurrer to the petition was sustained with leave to amend, and an amended petition was filed. The court held the Government to be entitled to the relief sought and a final decree to that effect was entered on October 12, 1914.

United States v. Frank Hayne, James A. Patten, et al. Indictment returned August 4, 1910, in the Southern District of New York alleging a conspiracy to run a corner in cotton. Demurrers were sustained as to certain counts of indictment and overruled as to others, and an appeal was taken by the Government to the Supreme Court. Case was argued during November, 1911, and reargued at the October term, 1912. Decision by Supreme Court January 6, 1913, sustaining indictments.