People v. Sheldon

• Decision Date: 03 October 1893
• Citation: 139 N.Y. 251,34 N.E. 785
• Parties: PEOPLE v. SHELDON et al.
• Court: New York Court of Appeals Court of Appeals

139 N.Y. 251

34 N.E. 785

PEOPLE

v.SHELDON et al.

Court of Appeals of New York.

Oct. 3, 1893.

Appeal from supreme court, general term, fifth department.

Carson J. Sheldon, Charles J. Ferrin, Sheldon N. Cook, and Edward S. Brown, convicted of conspiracy to commit acts injurious to trade, appeal from the judgment of the general term (21 N. Y. Supp. 859) affirming the special term's judgment of conviction, and order denying a new trial. Affirmed.

The facts appear in the following statement by ANDREWS, C. J.,:

Appeal from the affirmance by the general term, fifth department, to judgment of conviction in the Niagara county sessions on indictment for conspiracy. The indictment set forth an agreement between the defendants and others, comprising all the retail coal dealers in the city of Lockport, except one, entered into in March, 1892, to organize the Lockport Coal Exchange, which agreement was as follows:

‘Constitution and By-Laws.

‘Name. The name of this exchange shall be the Lockport Coal Exchange.

‘Objects. The objects of this exchange shall be to foster trade and commerce in coal, wood, and all the products appertaining to the same; to protect and secure freedom from unjust and unlawful exactions; to diffuse accurate and reliable information as to the retail coal trade, and of the responsibility and standing of customers, and other matters, among its members, for their mutual protection and benefit; to settle differences between its members; to produce uniformity and certainty in the customs and usages of such trade; to promote a more enlarged and friendly intercourse between merchants and dealers in coal and wood; and to provide, establish, and maintain such rules and regulations as may be proper and necessary for the mutual co-operation, interest, and protection of the retail dealersin coal and wood in the city of Lockport, and in furthering the coal trade interests generally. It shall be the duty of all members to strictly obey all the provisions of the constitution, by-laws, and resolutions of the exchange, and permit to the secretary the free exercise of the duties imposed upon him in enforcing them.

‘Officers. The officers of the exchange shall be a president and a vice president, who shall be elected by the exchange, and who shall be members of the exchange, and also a secretary and treasurer, elected by the exchange. The officers shall hold office for the term of one year, and until their successors are elected and shall have duly qualified; and any officer may be removed from office by the five-sixths vote of all the members of the exchange, at any regular or special meeting thereof.

‘Committees. There shall be such committees as the president or the board of trustees may from time to time designate.

‘President and Vice President. The president shall preside at all meetings of the exchange, or, in his absence, the vice president. In the absence of the president and vice president, a presiding officer shall be chosen from the members of the exchange. The president shall be, ex officio, a member of all committees.

‘Secretary. The secretary shall not be a member of the exchange, nor in any manner personally interested in the coal trade. He shall be elected by at least a five-sixths vote of all the members of the exchange at a regular or special meeting, due notice of said intended election having been sent by mail to each member, at his regular business address, at least five days previous to the meeting. The secretary shall keep a record of the meetings of the exchange, a register of its members, officers, and committees, and conduct all correspondence of the exchange, and perform such other duties in connection with his office as may be imposed upon him by the exchange. He shall instantly investigate all charges preferred against the members of the exchange, on all wellfounded suspicions, without fear or favor, and conduct the investigation, both to obtain proof, and when presented before the exchange, and shall render his decision in each case to the exchange within ten days from the date on which charges are made, unless further time is given him by the exchange. He shall be permitted to see any portion of the books of any member, when in pursuit of evidence of wrongdoing, and may demand an affidavit, when he thinks necessary, to refute or sustain a specific charge. He shall also collect material for, and compile, a list of persons who are poor pay, for the mutual protection and benefit of the members of the exchange. He shall also be the keeper of the seal of the exchange, and receive such salary as may be determined upon by the exchange. Before the secretary shall enter upon the duties of his office, he shall make oath that he will honestly and fearlessly perform the duties prescribed by the constitution and by-laws, and that he will keep, in honor and secrecy, any and all information by him acquired, regarding the business of the various members, as he from time to time may investigate them, except any facts connected with any violation of the laws of the exchange which the exchange or any member is entitled to know. If practicable, the secretary shall be a notary public. The secretary shall not disclose to any member of the exchange any information regarding any investigation, while he is making the same.

‘Treasurer. The treasurer, who shall also be the secretary, shall have charge of the funds of the exchange, disburse the same on the order of the board of trustees, countersigned by the president, and shall report at all regular meetings, and his accounts shall be open for proper inspection at all proper times. He shall give bonds for the proper protection of the exchange.

‘Membership. The exchange shall be composed of active and associate members. Active members shall comprise any retail coal dealer, firm, or company who has a yard or dock, and the usual appliances for doing a coal business, in the city of Lockport. Associate members shall comprise any individual, company, or firm that sells coal in the villages around Lockport, and who approves the objects of, and agrees to co-operate with, the exchange. Associate members shall pay an annual fee of five dollars, and shall have all the privileges of active members, except the right of voting.

‘Discipline. If a member is charged with violating any provision of these by-laws, or any rule or resolution of the exchange, or of being guilty of conduct unbecoming a member, or prejudicial to its interests, or of giving short weight or overweight, he shall be summoned before the secretary to answer the charge. If, upon the charge and defense being heard by the secretary, he shall decide to sustain the charge, the member shall be declared ‘in default;’ and the member shall be considered to be ‘in default’ until five-sixths of all the members, at a regular or special meeting, shall vote to reinstate him as a member of the exchange, in good standing. A member who shall be declared ‘in default’ shall absolutely and irrevocably forfeit all rights to all money, property, or other value held by the exchange, as its own or in trust, and shall also forfeit all rights of membership in the exchange, unless he be reinstated in good standing; and no member shall be so reinstated except by five-sixths vote of all members of the exchange at a regular or special meeting assembled after proper notice, and only after jepositing with the treasurer $100 as fee for renewal of membership. When a member shall be accused by the secretary, in any open meeting of the exchange, of having violated any provision of this constitution and by-laws, or of any resolution, and evidence is lacking to absolutely refute or sustain the charge, it shall be obligatory upon such member to make proper affidavit that he has in no instance sold or delivered coal for which he has not received the full price at which the majority of the other members were selling coal of the same size at the same time, and that he has not, directly or indirectly, given any rebate, commission, or other concession equivalent to cash, thereby actually reducing the established market price made by the Lockport Coal Exchange, and that not less than two thousand and not more than two thousand pounds have, in his knowledge, been sold by himself, his partner, or his employes, or delivered as a ton. Resignations shall be made in writing to the president or secretary, and be referred to the board of trustees for their action; but no resignation will be accepted until all dues, fines, charges, and penalties agaiust such member shall have been paid and settled. When the exchange, or secretary thereof, shall declare a member ‘in default,’ the secretary shall notify every member of the exchange by mail, and such notice shall be authoritative. When a member defies the exchange by persistent wrongdoing, and is declared ‘in default’ and persistent, the secretary shall notify the shippers of coal to the Lockport market that the said member is ‘in default’ and persistent, and for this reason is not entitled to the privileges of membership in the Lockport exchange.

‘Election of Members. A candidate for membership shall be proposed in writing by a member at a regular meeting of the exchange, and be recommended by two members in good standing, and at the next succeeding regular meeting be voted upon. A two-thirds vote of the members of the exchange shall be requisite to elect.

‘Price of Anthracite Coal. The price of coal at retail, shall, as far as practicable, be kept uniform, and it shall require a fivesixths vote of all members of the exchange, at any meeting, to advance or reduce the retail price of coal, and no price shall be made at any time which amounts to more than a fair and reasonable advance over wholesale rates, or that is higher than the current prices of the exchanges at Rochester or Buffalo, when figured upon corresponding freight tariff; but at no time shall the price of coal at retail exceed...