37.

38.

39.

Court dismissed the Government's petition, and on June 29 denied its petition for rehearing.

United States v. Lake Shore & Michigan Southern R. R. Co. et al. (See No. 30, p. 112.) Supplemental petition filed in the Southern District of Ohio, November 21, 1922, seeking release from the lien of the Hocking Valley general mortgage of the lands of the Buckeye Coal & Railroad Co., and also the termination of sinking-fund charge on said lands of 2 cents a ton on all coal mined therefrom. Hearing was had on June 8, 1923, and on January 18, 1924, decision rendered dismissing the petition.

United States v. A. L. Harvel et al. Indictment returned December 13, 1922, in the District Court for the Western District of Louisiana, charging defendants with entering into a combination or conspiracy in restraint of interstate commerce, in pursuance of which an assault was made upon a roadmaster of the Kansas City Southern Railroad. This indictment resulted from the activities of defendants in connection with the railroad shopmen's strike of 1922. On December 17, 1923, nolle prosequi entered as to one defendant, and two remaining defendants pleaded guilty and were each fined $25.

United States v. Gypsum Industries Assn. et al. Petition filed January 3, 1923, in District Court for the Southern District of New York, alleging a combination and conspiracy in restraint of interstate commerce among defendants, dealers in gypsum products. The restraint was alleged to have been accomplished through the distribution of statistical data relating to prices, sales, orders, etc. Contemporaneous with the filing of the petition an uncontested decree was entered prohibiting the practices complained of. Supplemental decree entered July 20, 1928.

40.

41.

42.

United States v. Frank Bastin et al. Indictment returned January 5, 1923, to the District Court for the Northern District of Ohio against 66 corporations and 16 individuals. The charges in this indictment were practically the same as the allegations in the petition against the National Association of Window Glass Manufacturers et al. (infra, No. 41), and in view of decision by the Supreme Court in that case, the indictment in this case was nolle prossed on December 18, 1925.

United States v. National Association of Window Glass Manufacturers et al. Petition filed January 5, 1923, in the District Court for the Northern District of Ohio, praying for a restraining order to prevent the further performance of a so-called wage scale contract entered into between manufacturers of hand-blown window glass and representatives of their employees for the purpose of limiting production in such product. It was therein agreed that certain manufacturers should operate only during specified periods, such periods being so regulated that about one-half of the glass factories would be operating while the other half were closed. In this manner the output of the product was curtailed and trade in interstate commerce was restrained. Temporary restraining order granted January 5, 1923. It was agreed that the hearing on the application for a preliminary injunction should be a final hearing on the merits. The case was tried in January, 1923, and a decision favorable to the Government was handed down on February 2, 1923. A final decree granting the relief prayed for was entered April 19, 1923, whereupon defendants appealed to the Supreme Court, which reversed the decree of the District Court on December 10, 1923.

United States v. Francis Reilly et al. On January 5, 1923, two indictments were returned in the District Court, Western District of New York, against 14 defendants, charging a conspiracy in connection with the dynamiting of the High-Speed Line of the In

43.

44.

ternational Railway, in violation of sec. 1 of the Sherman law. On January 7, 1923, a third indictment was returned against 22 defendants, to which 4 defendants pleaded guilty on January 9, 1924, and sentences were suspended pending trial of 4 defendants who pleaded not guilty. Trial of 4 latter defendants resulted in a verdict of guilty on January 21, 1924, and imposition of jail sentences of one year on each and fines aggregating $13,000. Conviction affirmed by the Circuit Court of Appeals on March 4, 1925. Nolle prosequi entered June 14, 1926, as to all but 4 of remaining defendants, certain of whom were made parties to a further indictment, the trial of which resulted in a decision adverse to the Government (see No. 17, p. 191). Nolle prosequi entered November 23, 1926, as to remaining defendants.

United States v. Tom Hency et al. Indictment returned January 16, 1923, in the District Court for the Northern District of Texas, alleging an unlawful combination and conspiracy to interfere with interstate commerce by injuring and disabling locomotives through the introduction into the boilers of such locomotives of quicksilver and other injurious chemicals and materials. Demurrer to the indictment sustained by the District Court February 9, 1923. This case grew out of the railroad shopmen's strike of 1922.

United States v. Kryptok Co. et al. Petition filed January 22, 1923, in the District Court for the Southern District of New York, alleging a combination and conspiracy in restrait of interstate trade and commerce in fused bifocal lenses, by means of price-fixing agreements, trade practices concerning discounts, issuing lists of jobbers and retailers to whom their product should be sold, etc. Case argued March 16, 1925, and on July 28, 1925, court dismissed the Government's petition.

18981-28--13

45.

46.

United States v. Maple Flooring Manufacturers' Associa-tion et al. Petition filed March 5, 1923, in the District Court, Western District of Michigan, alleging that the 22 manufacturers who were members of the defendant association and 24 individuals were engaged in a combination and conspiracy in restraint of interstate tradeand commerce in maple, beech, and birch flooring. The petition charged that the defendants agreed upon and established uniform minimum prices, uniform terms of sale, uniform regulations regarding the allowance of cash discounts, and uniform commissions; that they used a common trade-mark and uniform grading rules; that they calculated the freight in making delivered prices. from a freight basing point and agreed upon and maintained uniform delivered prices; and that they also operated under a so-called "open-price " reporting plan or open competition" plan. Alternative motion to dismiss the petition and to strike out various portions there-of argued June 25, 1923, and denied in all respects. Case tried and decided in favor of the Government December 19, 1923. Final decree entered on January 4,. 1924, from which defendants appealed to the SupremeCourt, which court reversed the decision of the District Court on June 1, 1925. Government's petition for rehearing by the Supreme Court denied on October 12, 1925. Final decree on mandate entered January 6, 1926.

66

United States v. New York Coffee & Sugar Exchange, Incorporated, et al. Petition filed April 19, 1923, in the District Court, Southern District of New York, charging that the exchange, its officers and members and their clients or principals, by means of purported purchases and sales of raw sugar on the exchange, sought to establish, and did establish, artificial and unwarranted prices not governed by the law of supply and demand but based wholly on speculative transac tions, not contemplating delivery of the quantities of sugar represented. A certificate of expedition having:

47.

48.

been filed, the application for a preliminary injunction came up for hearing before the circuit judges for the Second Circuit on April 30, 1923. Upon the denial of the application for a preliminary injunction it was stipulated that the case go to final hearing on the petition, answers, and affidavits which had been submitted; whereupon the petition was dismissed. The Government immediately appealed the case to the Supreme Court, filed a motion to advance, and the case was argued on November 16, 1923. On January 28, 1924, the Supreme Court decided the case adversely to the Gov

ernment.

United States v. Western Pine Manufacturers Association et al. Petition filed April 30, 1923, in the District Court for the District of Minnesota, alleging that the members of the defendant association and individuals representing them were engaged in a combination and conspiracy to restrain interstate trade and commerce in lumber manufactured from Idaho white pine, western white pine, and other woods. Dismissed as to two individual defendants and one corporate defendant on October 29, 1923. In view of decision of Supreme Court in the case against the Maple Flooring Manufacturers' Association (supra, No. 45), by stipulation of counsel an order of dismissal was entered on November 6, 1925.

United States v. Industrial Association of San Francisco et al. Petition filed May 26, 1923, in the Northern District of California, alleging a combination and conspiracy between the defendant association and other associations, corporations, and individuals to restrain interstate and foreign trade and commerce in various building materials by means, among others, of agreeing to refuse and refusing to sell said building materials to any persons unless they agreed to employ a foreman and at least 50 per cent of the laborers on buildings which they desired to erect who were not in any way affiliated with any labor union, collusively bidding for the furnishing of said building materials, agreeing to