Federal Register - March 22, 1939
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Source: Federal Register
FEDERAL REGISTER, Wednesday, March 22, 1939
1283
prohibited. Sec. 5, 38 Stat. 719, as M r . H. L y l e G oldsberry , M r . J. R. book or required to be used in connec amended by Sec. 3, 52 Stat. 112; 15
H ostler , M r . J. P. T u l l y , M rs . M . W . tion with school work.
U. S. C., Supp. IV, sec. 45b Cease and L ees , M iss S arah E. A t k in s o n , M rs .
I t is further ordered, That the re desist order, Educators Association, Inc., B essie M orrell , E ach I n d iv id u a l l y et al., Docket 3139, March 9, 19391
T rading U nder th e T rade N ame and spondents shall, within sixty 60 days after service upon them of this order, S t y l e of E ducators A sso cia tio n S ec . 3.6 w Advertising falsely or mis file with the Commission a report in leadingly Refunds: S e c . 3.6 ee Ad ORDER TO CEASE AND DESIST
writing, setting forth in detail the man vertising falsely or misleadingly Terms ner and form in which they have com and conditions: S ec . 3.72 k3 Offering This proceeding having been heard1
deceptive inducements to purchase by the Federal Trade Commission upon plied with this order.
By the Commission.
Returns and reimbursements: S ec . 3.72 the complaint of the Commission, testi se a l
O t is B. J o h n s o n , n l Offering deceptive inducements to mony and other evidence taken before Secretary.
purchase Terms and conditions: S ec . John W. Addison, an examiner of the 3.80 t Securing agents or representa Commission theretofore duly designated F. R. Doc. 39-931; Filed, March 20, 1939;
2:26 p. m.
tives falsely or misleadingly Terms and by it, in support of the allegations of conditions. Representing, in connection said complaint and in opposition thereto, with offer, etc., in commerce, of The Vol briefs filed herein, and oral arguments ume Library, a students reference book, by William L. Pencke, counsel for the Docket No. 3412
to prospective representatives that re Commission, and by E. Crosby KindelI n t h e M atter of S tar T obacco spondents will refund deposits or pay berger, counsel for the respondents, and C o m p a n y , etc .
any specific sums of money or salaries the Commission having made its findings to such representatives, until and unless as to the facts and its conclusion that S ec . 3.24 e Coercing and intimidat they fully and adequately disclose all said respondents have violated the pro ing Suppliers of competitors: S ec . 3.27
of the terms and conditions upon which visions of the Federal Trade Commis b 1 Combining or conspiring To refunds or payments are actually made, sion Act;
eliminate competition In conspirators prohibited. Sec. 5, 38 Stat. 719, as I t is ordered, That the respondent, goods: S ec . 3.27 h Combining or con amended by Sec. 3, 52 Stat. 112; 15 Educators Association, Inc., its officers, spiring To restrain and monopolize U. S. C., Supp. IV, sec. 45b Cease and representatives, agents and employees, trade: S ec . 3.33 e Cutting off com
desist order, Educators Association, Inc., and the respondents, Leo L. Tully, Oron petitors supplies Threatening with et l., Docket 3139, March 9, 19391
E. Richards and Donald W. Henry, indi drawal of patronage. Entering into and S ec . 3.69 a 3a Misrepresenting vidually and as officers of Educators As carrying out any understanding, agree oneself and goods Business status, ad sociation, Inc., Miss Marion A. Miller, ment, etc., on the part of respondent vantages or connections Connections Mrs. B. M. Gambert, Mrs. Marie C. Host companies and concerns constituting and arrangements with other business: ler, Mr. J. E. Stronks, Mr. H. Lyle Golds large and important part of jobbers, dis S ec . 3.69 b 16a Misrepresenting one berry, Mr. J. R. Hostler, Mr. J. P. Tully, tributors and wholesalers of tobacco and self and goods Goods Success, use or Mrs. M. W. Lees, each individually, and confectionery products in Wilkes-Barre standing. Representing, etc., in connec trading under the trade name and style trade area, and on the part of respond tion with offer, etc., in commerce, of of Educators Association, their repre ent individuals, officers and employees The Volume Library, a students refsentatives, agents and employees, directly thereof, etc., among themselves or with erence book, that respondents or their I or through any corporate or other de others, with intent or effect of restricting, representatives, etc., are connected in vice, in connection with the offering for restraining, or monopolizing, or eliminat any manner with public schools or other sale, sale and distribution of a students ing competition in purchase and sale, in educational institutions, or that said Vol reference book entitled, The Volume interstate commerce or in District of ume Library, or any other and similar Library, in commerce-as commerce is de Columbia, of tobacco and confectionery publication, is prescribed as a text book fined in the Federal Trade Commission products, and, as a part of such under or required to be used in connection Act, do forthwith cease and desist:
standing, agreement, etc., 1 fixing or with school work, prohibited. Sec. 5, 38
establishing uniform prices at which 1
From representing through the Stat. 719, as amended by Sec. 3, 52 Stat.
respondents should sell tobacco and 112; 15 U. S. C., Supp. IV, sec. 45b use of the term Educators Association confectionery products; or 2 using Cease and desist order, Educators As in any corporate or trade name or boycott, threats of boycott, either with sociation, Inc., et al., Docket 3139, March through any other means or device, that or without other coercive methods, to they, or any of them, constitute a group 9, 19391
of educators or teachers formed into an persuade, induce or compel manufac association or that the business operated turers and dealers to refrain from selling United States of America Before by them, or any of them, is anything confectionery products to competing Federal Trade Commission other than a private business enterprise dealers; or 3 employing other co operative or coercive acts and methods At a regular session of the Federal for profit.
in promoting and carrying out the afore Trade Commission, held at its office in 2 Representing to prospective repre the City of Washington, D. C., on the 9th sentatives that they will refund deposits said programs and policies, or similar programs and policies; prohibited. Sec.
day of March, A. D. 1939.
or pay any specific sums of money or 5, 38 Stat. 719, as amended by Sec. 3, 52
Commissioners: Robert E. Freer, Chair salaries to such representatives until and Stat. 112; 15 U. S. C., Supp. IV, sec. 45b man; Garland S. Ferguson, Charles H. unless they fully and adequately dis March, Ewin L. Davis, William A. Ayres. close all of the terms and conditions Cease and desist order, Star Tobacco Company, etc., Docket 3412, March 8, upon which refunds or payments are 1939
I n the M atter of E ducators A sso cia tio n , actually made.
I n c ., a C orporation , and L eo L. T u l l y , 3 From representing or implying United States of America Before O ron E. R ichards , D onald W . H e n r y , that they or their representatives, agents Federal Trade Commission I n d iv id u a l l y and as P resident , V ic e or canvassers are connected in any P resident , and S econd V ic e -P resident manner with public schools or other At a regular session of the Federal of E ducators A sso c ia tio n , I n c ., and educational institutions, or that said Trade Commission, held at its office in M iss L o uise S im s , M is s M arian A.
Volume Library, or any other and simi the City of Washington, D. C., on the M ill e r , M iss C. L. M acD o nald , M rs .
lar publication is prescribed as a text 8th day of March, A. D. 1939.
B. M. G ambert , M rs. M arie C. H ostler , Commissioners: Robert E. Freer, M rs . V. B. D ecker , M r . J. E. S tr o n k s , 12 F. R. 1853 2172 D I.
Chairman; Garland S. Ferguson, Charles