EXHIBIT 3 DEALERS' ASSO CIATION 1 November 18, 1899. "YES" AND "NO" LISTS OF THE To the members of the association: Upon submission to the classification committee of an inquiry as & -, New York City; Bros., to whether & Co., Boston, Mass.; N. J.; & Co., -, N. J.; , N. Y.; Manufacturing Co., Providence, R. I.; are legitimate customers of the wholesale trade, under the principles recognized by this association, said committee has carefully investigated and expressed the opinion that the above are within the class of dealers whose requirements entitle them to buy of the wholesaler. This decision is communicated to you by order of the board of trustees. Yours, very truly, COMMITTEE ON TRADE RELATIONS. YES. August 1, 1900. To the members of the association: Upon submission of the question to our classification committees as to whether the parties named herewith should be considered legitimate customers of the wholesale trade, under the principles recognized by this association, said committees have carefully investigated and expressed the opinion that they are not within the class whose requirements necessitate their buying of the wholesaler. This decision is communicated to you by order of the board of trustees. Yours, very truly, NO. COMMITTEE ON TRADE RELATIONS. (Here follows a list of 78 names of individuals and firms, manufacturing concerns, etc. in the States of New York, New Jersey, Pennsylvania, and Connecticut.-Ed.) 1 Op. cit. U. S. v. hibits O and P, pp. 92-93. Dealers' Association. Petition, Ex EXHIBIT 4 CIRCULAR ISSUED BY TRADE 1 DEALERS' ASSOCIATION TO THE The following have been reported by the various eastern associations as jobbing or selling directly or indirectly to consumers. The members of the Dealers' Association are requested to cooperate with the eastern associations by refusing to sell them (Here follow the names of more than fifty individuals, partnerships, and corporations engaged in the trade.-Ed.) Statement to members, April 1909.-You are reminded that it is because you are members of our association and have an interest in common with your fellow members in the information contained in this statement, that they communicate it to you, and that they communicate it to you in strictest confidence and with the understanding that you are to receive it and treat it in the same way. The following are reported as having solicited, quoted, or as having sold direct to the consumers: (Here follow the names of more than fifty individuals, partnerships and corporations engaged in the trade.-Ed.) REMOVED SINCE LAST REPORT. (Here follow the names of fifteen individuals, partnerships, and corporations engaged in the trade.-Ed.) Members upon learning of any instance of persons soliciting, quoting, or selling direct to consumers should at once report same, and in so doing should, if possible, supply the following information. The number and initials of car, the name of consumer to whom car is consigned, the initials or name of shipper, the date of arrival of car, the place of delivery, the point of origin.3 1 Op. cit. U. S. v. hibit T, pp. 97-98. Op. cit. U. S. v. hibit U, pp. 98-100. Italics are the editor's. 3 Dealers' Association, Petition, Ex Dealers' Association. Petition, Ex As we are associated for mutual protection, we should not go into territory where our associates have and sell or offer to sell at a price lower than we sell it in our home territory. EXHIBIT 6 ASSOCIATION1 The Government alleges that: supplies First. During the period aforesaid defendants have conspired and confederated together to prevent manufacturers oflocated throughout the United States from selling and shipping supplies to any persons, firms, or corporations located in the States of California, Washington, and Oregon who have not belonged to the Association and whose names have not been listed in a book called the "Blue Book," to be hereinafter described. . . . In order to force the manufacturers of supplies to refuse to sell and ship to persons other than the defendants, defendants by agreement with each other have continuously during said period refused to order or buy supplies from such manufacturers of supplies as have sold and shipped said supplies to persons in the States of California, Washington, and Oregon who are not members of the Association and are not listed in the Blue Book. Acting under agreement with each other, defendants have withdrawn their business from manufacturers who have sold and shipped to persons who have refused to join said Association, or to persons whom defendants have not recognized as legitimate jobbers, and have not admitted to membership therein, and defendants have boycotted such manufacturers until they compelled them to confine their sales to defendants. of the Associations, Second. The defendant acting in agreement with the other defendants, has since January 1, 1907, printed from time to time and issued a list of jobbers of supplies in the United States, commonly called in the trade the "Blue Book," and has distributed said list to manufacturers engaged in the manufacture and sale of supplies, and to the jobbers named in the Blue Book. In the Blue Book are printed arbitrary definitions of a manufacturer and jobber of supplies. These definitions express the opinion of the defendants as to the 1 United States of America v. Association. Petition in Equity, In the District of pp., 12-14. Court of the United States for the qualifications necessary in order to entitle one to be called a manufacturer or jobber and to be treated as such. It is the intention of the and of the defendants that the Blue Book shall be considered by the manufacturers as containing the names of all persons, firms, and corporations in the United States who are legitimate jobbers of supplies. All the defendant corporations and partnerships (except the Associations are listed in the Blue Book; furthermore, these defendants are the only persons, firms, or corporations located and doing a business in the States of California, Washington, and Oregon who are named in the Blue Book. of the During said period no person, firm, or corporation desiring to engage in business as a jobber of supplies in the States of Čalifornia, Washington, or Oregon could be listed as a jobber in the Blue Book except at the arbitrary discretion of a majority of the jobbers belonging to the Association, and doing business in the locality where said person, firm, or corporation desired to do business as a jobber, and no person can now be so listed except by the consent of such jobbers. In order to prevent an increase in the number of jobbers of supplies in said three States, defendants, agreeing together, have repeatedly and arbitrarily refused to give their consent to the listing in the Blue Book of persons, firms, and corporations desirous of engaging in business as jobbers in said States. GROUP 7 TRADE 1 The Government alleges that: From about the year 1904 to the present time Information Bureau. The said is a fendant herein, has conducted a detective agency under the name and style of the regularly paid employee of the voluntary association heretofore described as the -'s Association. During the several years last past, and until the present time, said with the assistance of a corps of detectives, and in the performance of work done in pursuance to and in assistance of said conspiracy and combination, has collected information respecting sales and shipments of from manufacturers and wholesalers to consumers, and has furPetition, pp. 54-55. 1Op. cit. United States v. - and other secretary nished said information to said members of the said -s' Bureau of Information for the uses and purposes hereinbefore described, and to the said for the purpose of having the same published in the said and so distributed throughout the trade in various states reached by said publication, all with the intent and purpose on the part of said —, and — of preventing sales and shipments of - in the trade aforesaid between the manufacturer and wholesaler on one hand and the aforesaid consumer on the other. Said also conducted investigations and made reports to the officers and members of said -'s Association of the character of the business done by various retail dealers in various States, which dealers had not complied with the aforesaid rules and regulation entitling them to membership in said lastnamed association, and in pursuance to said general conspiracy and combination said, with knowledge, approval, and assistance of the officers and members of said 's Association, adopted and carried out various schemes and devices for the injury and destruction of the business of said retail dealers who desired and the said to do business in a manner different from the code of ethics and rules adopted by said association. The money used in promoting the work of said Information Bureau was raised by subscriptions paid by members of said ciation and others, and solicited by said and other secretary members of said -'s Asso and -s' Bureau of In formation. EXHIBIT 2 EXPLOSIVES TRADE 1 A. I endeavored to locate the trade that the Chattanooga Powder Co. was supplying and then take it away from them by naming lower prices. Q. Did you locate the trade? A. I was advised by the railroad agent at Ooltewah, Tenn., who was in the employ for the purpose of furnishing us with the information regarding all of the shipments of the Chattanooga Powder Co. Q. Who employed him? A. I did, sir. 'Testimony of F. J. Waddell, op. cit. U. S. v. E. I. du Pont de Nemours and Company. Pet. Rec. Testimony, Vol. I, pp. 257-264. |