Imagens das páginas
PDF
ePub
[blocks in formation]

the mahogany trade; that will injure the public and benefit only the Mahogany Association. Such decision in my judgment can be based only on the technical and stilted opinions of schooled but unlearned self-styled experts, who would, if consistent, insist that potatoes must be sold only as tobacco, because botanically they are of the same family, lest some dear old college professor might buy a package of cigarettes instead of a bag of "spuds."

The contention of the majority here is that if any person of common understanding wishes to buy this Philippine wood, that has all the beauty and durability of mahogany-in fact, all the best characteristics of mahogany-that it can not be described to him so as to reach the common understanding, by calling it "Philippine Mahogany," but in order to keep him from being deceived and so that he may know exactly what he is getting, he must be told that it is either lauan, tanguile, almon, batan, apitong, lamao, orion, abatang. bagaac, batak, or balacbacan. This proposition, it seems to me, would be highly complimented by characterizing it absurdly ludicrous.

The majority lay down the proposition that the buyer must be told the truth-a perfectly correct one and one that I indorse-but when you chase this common sense idea into the clouds of scientific nomenclature, until not one person in a million, without consulting an encyclopedia, a botanist and a chemist, would know whether a word used to describe the wood in a kitchen chair is the name of a seasick remedy, a new planet, or a divorcee screen star, it seems to me that the proposition in some slight degree "recoils upon itself.”

The sum of the Commission's case is that the purchaser of this wonderful and beautiful wood will be deceived and defrauded unless he is told that it is Dipterocarpaceæ, a proposition so plain that only the intelligent will dispute it.

MEMORANDA

The Commission as of July 19, 1926 (with the exception of the Bischoff case, in which order was made as of July 16), modified its orders in certain "commercial bribery" cases so as to make the same conform to the complaints, proof, and findings as originally made.

The change consisted in the modification of such an order as one requiring that—

The respondent, "its agents, representatives, servants, and employees do cease and desist from directly or indirectly giving or offering to give to employees of its customers or prospective customers, or those of its competitors' customers or prospective customers, as an inducement to influence their employers to purchase or to contract to purchase from the respondent, varnish and kindred

Memoranda

products, or to influence such employers to refrain from dealing or contracting to deal with competitors of respondent, without further consideration therefor, money.

To require that

The respondent, “its agents, representatives, servants, and employees do cease and desist from directly or indirectly secretly giving or offering to give employees of its customers or prospective customers, or those of its competitors' customers or prospective customers, without the knowledge or consent of their employers, as an inducement to influence their employers to purchase or to contract to purchase from the respondent, varnish and kindred products, or to influence such employers to refrain from dealing or contracting to deal with competitors of respondent, without other consideration therefor, money or anything of value.

The cases referred to, with the docket numbers, the commodities involved, when not indicated by the concern's name, and the citation to the volume of the Commission's Decisions, in which originally reported, follow:

[blocks in formation]

J. M. HUBER. Docket 47. WALTER L. TRAINER Co. products.) 1 F. T. C. 103. VAN CAMP VARNISH Co. SUN VARNISH Co.

(Printing inks.) 1 F. T. C. 104. Docket 48. (Varnishes and kindred

Docket 50. 1 F. T. C. 103.
Docket 51. 1 F. T. C. 103.

LILLY VARNISH Co. Docket 52. 1 F. T. C. 103.

LINDEMAN WOOD-FINISH CO. Docket 54. (Paints, stains, and kindred products.) 1 F. T. C. 103.

ADAMS & ELTING Co. Docket 55. (Varnish and kindred products.) 1 F. T. C. 103.

VALENTINE & CO. Docket 56. (Varnishes and kindred products.) 1 F. T. C. 103.

GEORGE D. WETHERILL & Co. Docket 58. (Varnishes and kindred products.) 1 F. T. C. 103.

THE BLACKBURN VARNISH Co.
GRAND RAPIDS VARNISH Co.
NATIONAL VARNISH Co.

Docket 60. 1 F. T. C. 103.
Docket 62. 1 F. T. C. 104.
Docket 63. 1 F. T. C. 104.

STANDARD VARNISH WORKS. Docket 64. 1 F. T. C. 104.

[blocks in formation]

MAYER & LOWENSTEIN. Docket 65. (Varnishes and kindred products.) 1 F. T. C. 104.

BOSTON VARNISH Co. Docket 66. 1 F. T. C. 104.

LOUISVILLE VARNISH Co. Docket 67. 1 F. T. C. 104.
MURPHY VARNISH Co. Docket 68. 1 F. T. C. 104.

MARIETTA PAINT & COLOR CO. Docket 69. (Paint, stains, and other wood-finishing products.) 1 F. T. C. 104.

GRAND RAPIDS WOOD FINISHING CO. Docket 71. (Wood stains and wood varnishes.) 1 F. T. C. 104.

FORBES VARNISH Co. Docket 72. 1 F. T. C. 104.

THE LAWRENCE-MCFADDEN Co. Docket 73. (Varnishes and kindred products.) 1 F. T. C. 104.

PRATT & LAMBERT, INC. Docket 74. (Varnishes and kindred products.) 1 F. T. C. 104.

ESSEX VARNISH Co. Docket 75. 1 F. T. C. 138.

[blocks in formation]

F. E. ATTEAUX. & Co., INC. Docket 86. (Dyestuffs and chemicals.) 2 F. T. C. 82.

GEORGE MUENCH. Docket 122. (Special machinery and shafting.) 1 F. T. C. 370.

AMERICAN VARNISH Co.
JAMES B. DAY & Co.

ucts.) 1 F. T. C. 104.

Docket 147. 1 F. T. C. 104.

Docket 149.

Docket 149. (Varnishes and kindred prod

S. C. JOHNSON & SON. Docket 150. (Stains, fillers, and other wood-finishing products.) 1 F. T. C. 104.

BIRD-ARCHER Co. Docket 179. (Boiler compounds, chemicals, etc.) 1 F. T. C. 105.

WILLIAM C. HART, doing business under the name and style of HART & ZUGELDER. Docket 187. (Rollers for printing presses and similar products.) 1 F. T. C. 104.

CONSOLIDATED PACKING & SUPPLY Co. Docket 229. (Packings and supplies for engines and engine rooms.) 1 F. T. C. 105.

STEWART DICKSON & CO., INC. Docket 234. (Engine packings.) 1 F. T. C. 331.

BERRY BROTHERS, INC., EVERT W. HINCKLEY, ET AL. Docket 244. (Varnishes and kindred products.) 1 F. T. C. 105.

F. KENNEY MANUFACTURING Co. Docket 262. (Soap and kindred products.) 1 F. T. C. 105.

WILLIAM MOHRMANN. Docket 284. (Chemicals, dyestuffs, textile soaps and similar products.) 2 F. T. C. 112.

Memoranda

STERLING WALLACE. Docket 415. (Printing ink and kindred products.) 2 F. T. C. 112.

NEW YORK WOOD FINISHER'S SUPPLY CO., INC. Docket 447. (Oils, shellac, varnishes, glue, analines and kindred products.) 2 F. T. C.

112.

A. KLIPSTEIN & Co. Docket 467. (Dyestuffs and chemicals.) 2 F. T. C. 112.

GEIGY CO., INC. Docket 469. (Dyestuffs and chemicals.) 2 F. T. C. 112.

C. BISCHOFF & Co., INC. Docket 471. (Dyestuffs and chemicals.) 2 F. T. C. 112.

JOSEPH B. McDONAGH, LEO A. McDONAGH (doing business as WM. MCDONAGH & SONS). Docket 498. (Paints, varnishes, and kindred products.) 2 F. T. C. 112.

H. BEHLEN & BRO., INC. Docket 521. (Paints, varnishes, and kindred products.) 2 F. T. C. 112.

ANDREYKOVICZ & DUNK, INC. Docket 527. (Dyestuffs, chemicals and similar products.) 2 F. T. C. 112.

RICCO CO., INC. Docket 543. (Dyestuffs and kindred products.) 3 F. T. C. 418.

The Commission, as of the same date, modified also its findings of fact and orders in certain other "commercial bribery" cases, so as to make the same conform to the complaints, and proof introduced, the same modifications being made in the orders as in those orders immediately above described.

The modifications in the findings consisted in changing such a finding as

That for more than one year last past the respondent has given, and offered to give, employees of both its customers and prospective customers, and its competitors' customers and prospective customers, as an inducement to influence their employers to purchase, or to contract to purchase, from the respondent paints and kindred products, or to influence such employers to refrain from dealing, or contracting to deal, with competitors of respondent, without other consideration therefor, large sums of money.

So as to read

That for more than one year prior to March 13, 1918, the respondent has secretly given and offered to give employees of both its customers and prospective customers, and its competitors' customers and prospective customers, without the knowledge or consent of their employers, as an inducement to influence their employers to purchase or to contract to purchase, from the respondent, paints and kindred products, or to influence such employers to refrain from dealing or contracting to deal with competitors of the res ondent, without other consideration therefor, large sums of money.

Memoranda

The cases referred to, with the docket numbers, the commodities involved, when not indicated by the concern's name, and the citation to the volume of the Commission's Decisions, in which originally reported, follow:

O'NEIL OIL & PAINT CO. Docket 70. 1 F. T. C. 103.

HENRY O. SHEPARD Co. Docket 162. (Printed railway tariffs, schedules, or other printed matter.) 1 F. T. C. 104.

SAMUEL BINGHAM'S SONS MANUFACTURING CO. Docket 177. (Rollers for printing presses and similar products.) 1 F. T. C. 104. BINGHAM BROS. Co. Docket 178. (Rollers for printing presses and similar products.) 1 F. T. C. 104.

KANSAS CITY PRINTING INK Co. Docket 180. 1 F. T. C. 104. MILLER-COOPER INK Co. Docket 181. (Printing ink.) 1 F. T. C.

104.

HENRY C. GODWIN. Docket 188. (Rollers for printing presses and similar products.) 1 F. T. C. 104.

HARRY BENTLEY, doing business under the name and style of STANDARD SOAP Co. Docket 286. 2 F. T. C. 77. CHARLES J. Fox. Docket 287.

F. T. C. 77.

(Soap and kindred products.) 2

J. L. QUIMBEY, doing business under the name and style J. L. QUIMBEY & CO. Docket 288. (Lubricating oils, greases and similar products.) 2 F. T. C. 77.

ENTERPRISE SOAP WORKS, INC. Docket 290. 2 F. T. C. 77.
THE ARABOL MANUFACTURING Co. Docket 291.

glue, and kindred products.) 2 F. T. C. 77.

(Sizing, soap,

ROXBURY CHEMICAL WORKS, INC. Docket 292. (Soap and kin

dred products.) 2 F. T. C. 77.

« AnteriorContinuar »