"That
the defendant, F. A. Brandt, is the president of said
association, and that J. J. McNary is the assistant
secretary, and Phillip Schmidt is the secretary of said
association.
"Plaintiff
states that the defendants, viz., L. M. Rumsey Mfg. Co.
Rumsey-Sikemeier Co., Cahil-Swift Mfg. Co., the National
Plumbing Supply Co., N. O. Nelson Mfg. Co., Western Brass
Mfg. Co., and Crane & Co., are corporations organized under
the laws of this State, and are engaged in the manufacture
and sale of goods and materials known as plumbers'
supplies, with offices and places of doing business in the
city of St. Louis, Missouri.
"For
cause of action plaintiff states that he is, and has been for
a long time, engaged in the business of plumbing in the city
of St. Louis, and has complied with the state and local laws,
and has been, and is, a duly licensed and registered plumber;
that he has expended much money and time in learning the
trade of plumbing and acquiring business and trade in St.
Louis, Missouri, and that by years of devotion to his said
business and trade, the plaintiff has established for himself
a substantial and profitable business, which he carried on
successfully for many years until about the
year 1899.
"Plaintiff
states that these defendants (the said members of the
Association of Master Plumbers and the said dealers and
manufacturers) have entered into an understanding and
combination in writing, combining and conspiring together
against this plaintiff, and all other plumbers in this city
who are not members of said association of master plumbers,
whereby it is agreed and understood by and between these said
master plumbers, that these said dealers and manufacturers in
and of plumbers' supplies would not and should not sell
to any master plumber any plumbers' supplies unless said
master plumber desiring to buy said supplies was or first
became, a member of said Master Plumbers' Association,
and in order to more effectually enforce said agreement and
carry out and further said conspiracy, said Master
Plumbers' Association and said members thereof agreed and
threatened to boycott any dealer found selling to a
non-member of the said Master Plumbers' Association, and
thereby tried to force and compel
this plaintiff to join said Master Plumbers' Association
and become a party to said conspiracy and combination, which
this plaintiff refused to do, and, solely for the reason that
this plaintiff refused to join and become a member of said
Master Plumbers' Association and become a party to said
unlawful combination, conspiracy, agreement and
understanding, and refused to thereby aid and assist these
defendants in their unlawful undertaking to create and
maintain a monopoly for the purpose of controlling the
business of plumbing in St. Louis, Missouri, and to control
the price of plumbers' supplies in said city; and to
limit and restrict the sale of said supplies as aforesaid,
these defendants have for a long time in the past refused,
and now refuse, to sell or permit to be sold to this
plaintiff, or any other person in the city of St. Louis, any
of said plumbers' supplies; that said supply dealers and
manufacturers, in furtherance of their part of said wrongful
agreement and conspiracy against this plaintiff, and to more
effectually carry out and accomplish the
purpose of said combination, entered into an agreement and
understanding among themselves and with said master plumbers,
whereby it was agreed and understood that if any one of said
dealers should sell or permit to be sold any of said supplies
to any plumber, or other person in the city of St. Louis,
Missouri, who did not belong to said Master Plumbers'
Association, said dealer or manufacturer should be fined
therefor the sum of $ 250.
"Plaintiff
states that said conspiracy and combination, entered into and
carried on, and now being carried on, was and is for the
purpose of limiting competition and restricting trade and
raising and controlling the prices of plumbers' supplies
in the city of St. Louis.
"Plaintiff
states that by reason of the aforesaid secret, wrongful and
unlawful agreement, understanding, combination and conspiracy
among and between these defendants, plaintiff has, for more
than one year next before the filing of this suit, been
denied by these defendants the right and privilege to buy
said plumbers' supplies of the kind necessary and
requisite with which to carry on his said business and trade
of plumbing, and has been obliged to forego and abandon
contracts to do plumbing where he could have earned large
profits, but for the wrongful interference and restraint put
upon him by these defendants.
"Plaintiff
states that on divers occasions he has gone to the various
supply houses owned and managed by defendants, and offered
and desired to purchase plumbers' supplies; tendering the
market price therefor, and that he needed said supplies and
material in order to finish and do plumbing that he had
contracted and agreed to do, and that defendants refused to
sell to him said goods at any price, stating as their reason
for so refusing to sell said supplies that he (meaning
plaintiff) did not belong to said Master Plumbers'
Association, and they (defendants) therefore, could not sell
to him (plaintiff) any goods.
"Plaintiff states that these defendants,
conspiring and working together as aforesaid, have driven and
forced this plaintiff and many other reputable plumbers,
almost, and in many instances entirely, out of business.
"Plaintiff
states that by reason of this conspiracy and combination
among those defendants, it is useless for him to make, or
attempt to make and enter into contracts with his customers
to do plumbing work, for the reason that he can not buy
supplies and material with which to do and complete said work
and contracts.
"Plaintiff
states that on many occasions he has purchased from these
defendants supplies, and paid for the same, and upon learning
that the plaintiff (or person buying said supplies) was not a
member of said association, the employees and agents of
defendants have compelled plaintiff (or said purchaser) to
return said supplies to defendant, and in some instances, the
plaintiff, or person buying, or having bought said supplies,
has been assaulted, and said supplies were forcibly taken
from him by the agents and servants of the defendants engaged
in selling said supplies.
"Plaintiff
states that the said Master Plumbers' Association, and
the said members thereof, have been for a long time, and are
now, engaged with said supply dealers and manufacturers in
said conspiracy, combination, understanding and agreement
that said conspiracy, combination, understanding and
agreement is...
