Show COURT D DROPS r LEVER A ACT 1 CA CASES r Profiteering Charges Are Ar Dismissed U Under Supreme Court Ruling Switchmen Are Made Exception ALL LL actions charging violations violations viola viol under the Lever Leyer act instituted in the United States i district strict court for Utah with the exception of the outlaw outlaw outlaw out law switchmen cases and involving I 19 defendants chief om em whom were the Utah-Idaho Utah Sugar company and its officers were dismissed by Judge Tillman D. D Johnson today and the bondsmen exonerated The dismissals were e asked by U. U S. S District Attorney J Evans vans on orders from U U. S. S Attorney General Daugherty and followed a ade do de decision of the supreme court of the United States holding that the profiteering profiteering prof clauses of the Lever act were unconstitutional The sugar cases were based upon indictments returned by a federal grand Jury on August 21 1920 They I charged the Utah-Idaho Utah company and Its officers officer with profiteering under the Lever act b by charging an an unreasonable unreasonable unreason unreason- able abla profit on sugar Other cases Inthe Inthe in inthe the list charged certain of the de def defendants defendants de- de f with violations of the federal bank act and with conspiracy to o speculate in sugar at unreasonable prices ACT ATTACKED After bonds were furnished running Into many thousands of dollars demurrer demurrers de de- de were interposed by all of the defendants based on the contention I that the Lever act was unconstitutional unconstitutional in so far as It attempted to define and punish profiteering These demurrers were put in November November November No- No vember 6 1920 and In view of of the Hie fact that the tho court had judi judicial lal knowledge knowl edge that other cases were being hurried hurried hur hur- ried ned to the supreme co rtin the same contention was raised Judge Johnson took the demurrers under ad adI advisement ad- ad I until the supreme court might rule on the question I CASES DISMISSED The list of cases dismissed today is isI ls I as RS follows with tho the St States States' f T fUt h he fOh tn def tt erta dt i j. j No Utah-Idaho Utah Sugar company I Utah-Idaho Utah Sugar company Charles W. W Nibley 1 Nibley I Stephen H. H Love W. W S. S McCornick Thomas R. R Cutler David A A. A Smith James D. D Murdock and William H. H Wattis Watts same company and officers officers officers cers on a different count Merrill Nibley and James E. E Jennings conspiracy conspiracy conspiracy con con- to violate violat section 4 of the Lever Leyer act Merrill Nibley and James E. E Jennings conspiracy to violate section 5 of the LOver Lever act Frank Pingree Pingree Pingree Pin- Pin gree violation of section 22 of the re reserve reserve reserve re- re serve act Frank Pingree Hyrum Pingree and John A. A Stone violation section 5 Lever act Frank Pingree Pingree Pingree Pin Pin- gree Hyram Pingree and John x A. A I Stone and A. A E. E Osborne conspiracy to violate section 4 of Lever act J J. J H. H Grut Constantine V V. V Miller John A. A Stone and A. A E. E Osborne conspiracy to violate section 37 of ol the penal code J. J H. H Grut violation federal re reserve reserve reserve re- re serve act of 1913 George W. W Goddard Goddard Goddard God- God dard and Gage B B. Rodman conspiracy to violate section 37 of the penal code George W. W Goddard and Gage B. B Rodman Hodman violation section 5 of Lever act B. B G. G m violation section 4 Lever act B. B G. G Richardson Rich ardson violation section 5 Lever ac act acL Similar actions were brought against the Utah-Idaho Utah Sugar Sug-ar company and its officers In South Dakota Idaho and Montana They were dismissed some weeks ago through h orders of the attorney attorney attorney ney general |