30.

31.

32.

33.

combinations. Cross appeals were taken to the Supreme Court, where the decree of the lower court, in so far as it adjudged the defendants parties to a combination in restraint of trade through the instrumentality of the Temple Iron Co., was affirmed, but was reversed as to the so-called 65 per cent contracts with instructions to cancel them, and was further modified by dismissing the petition in other respects without prejudice, instead of absolutely.

United States v. National Umbrella Frame Company et al. Indictment returned July 1, 1907, in the District Court, E. D. of Pennsylvania, charging a conspiracy to restrain interstate trade and commerce in the manufacture and sale of umbrella material. Pleas of guilty were entered and fines aggregating $3,000 were imposed and collected.

United States v. American Tobacco Company et al. Petition filed July 10, 1907, in the Circuit Court, S. D. of New York, in which it was alleged that defendants were maintaining a combination in restraint of trade and commerce in the manufacture and sale of tobacco. On November 7, 1908, a decision was rendered in favor of the Government, except as to individual defendants and certain foreign and other corporations. Cross appeals were taken to the Supreme Court, and on May 29, 1911, a decision was rendered sustaining the Government on every point and remanding the case to the Circuit Court, where a decree dissolving the combination in accordance with the decision of the Supreme Court was entered on November 16, 1911.

United States v. E. H. Stafford Manufacturing Company et al. Indictment returned July 10, 1907, in the District Court, N. D. of Illinois, charging a combination in restraint of trade in the manufacture and sale of school and church furniture. Dismissed January 27, 1913.

United States v. E. I. Du Pont de Nemours & Co. et al. Petition filed July 30, 1907, in the Circuit Court, District of Delaware, alleging that defendants were main

34.

35.

taining a combination in restraint of trade in the manufacture and sale of gunpowder and other explosives. On June 21, 1911, a decision and interlocutory decree was rendered ordering the dissolution of the combination. A final decree dissolving the combination was approved by the court on June 13, 1912.

United States v. One Hunderd and Seventy-five Cases of Cigarettes. Information filed October 28, 1907, in the District Court, E. D. of Virginia, covering the seizure of 175 cases of cigarettes under section 6 of the Federal antitrust act. Cigarettes subsequently released under bond. Decree of dismissal entered January 31, 1913.

United States v. H. D. Corbett Stationery Company et al. Indictment returned November 1, 1907, in the District Court for the District of Arizona, charging a combination in restraint of trade. November 14, 1907, demurrers sustained and defendants bound over to next grand jury. The defendants were reindicted in October, 1908, and the trial resulted in a verdict of not guilty on November 6, 1908.

36.

United States v. Union Pacific Coal Company et al. Indictment returned November 20, 1907, in the District Court for the District of Utah, charging a conspiracy to maintain a monopoly in the sale of coal. On March 2, 1908, a demurrer was sustained as to first count and overruled as to second count. On December 3, 1908, a verdict of guilty was returned, and on March 29, 1909, fines aggregating $13,000 were imposed. This judgment was reversed by the Circuit Court of Appeals in November, 1909, and the suit was dismissed on March 21, 1910.

37.

United States v. Chas. L. Simmons et al. Indictment returned January 20, 1908, in the District Court, S. D. of Alabama, charging a combination in restraint of trade and commerce in the manufacture and sale of plumbers' supplies. Pleas of guilty were entered on December 1, 1910, and fines aggregating $265 were imposed.

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 so-called 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, E. D. of Louisiana, against seventy-two 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, E. D. of Louisiana, against seventy-two 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. 41.

42.

United States v. Joseph Stiefvater et al. Indictment returned February 15, 1908, in the Circuit Court, E. D. 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, S. D. 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 guilty was

44.

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, D. of Massachusetts, charging the New Haven Company 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 re

turned June 16, 1908, in the Circuit Court, S. D. 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.

1.

2.

3.

4.

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, S. D. 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 fibre, 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 S. D. 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 S. D. 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.

United States v. John S. Steers et al. Indictment returned February 17, 1910, in the E. D. 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 eight of twelve de