Appeal from the District Court of the United States for the Middle District of Pennsylvania; Albert W. Johnson, Judge.
Before DAVIS and THOMPSON, Circuit Judges, and WATSON, District Judge.
This is an appeal from an order of the district court discharging Joseph Weiner from the United States Northeastern Penitentiary on the ground that the United District Court for the Southern District of New York had no power to sentence him upon conviction for criminal contempt for a longer period than six months. He was sentenced upon his conviction by the New York court to serve two years in the penitentiary for having violated a decree entered in an equity proceeding brought by the United States under the Sherman Anti-Trust Act (15 U.S.C.A. §§ 1, 2, 3).
The decree which Weiner was charged with violating, filed February 4, 1932, enjoined him and others:
"8. (b) from attempting to create, or creating in the poultry industry of the Metropolitan Area or in the minds of any persons engaged therein, a feeling of fear and terror for the purpose of preventing said persons from buying, selling, or distributing live poultry in a free, open and competitive market;
"(c) from detaining, destroying, or damaging vehicles, or other equipment used in conveying live poultry within, into, or through the State of New York, to or from marketmen, retail dealers, butchers, or receivers;
"(d) from refusing, or instigating refusals, to load, unload, convey, deliver, slaughter, or handle poultry for any receiver, marketman, retail dealer, or butcher, wherever the rendition of such service under reasonable conditions shall be requested and the one requesting the service shall pay, or offer and be ready, able and willing to pay or cause to be paid, therefor the fair and reasonable value thereof; * * *
"(g) from causing or coercing any marketman to employ laborers in excess of his reasonable requirements, whether such coercion is effected under the guise of labor union regulations or otherwise;
"(h) from following or spying upon marketmen, retail dealers, or butchers, or their representatives, employees, or truck drivers for the purpose of ascertaining the source of their poultry supplies, or intimidating them; * * *
"(k) from restraining the freedom of any marketman, receiver, retail dealer, or butcher in any way in purchasing, loading, unloading, trucking, conveying, delivering, slaughtering, selling, or competing in the purchase and/or sale of poultry;
"(1) from using any of the offices or positions in Local 167 of the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers of America, or in the Official Orthodox Poultry Slaughterers of America, Inc., or in similar organizations, for the purpose of coercing marketmen to buy poultry, poultry feed, or other commodities necessary to the poultry business, from any particular sellers thereof."
The information charging Weiner with criminal contempt was filed on July 31, 1933. On the return of the rule to show cause, he was adjudged guilty of contempt of coercing marketmen to buy feed from the Metropolitan Poultry Feed Corporation, of causing marketmen to employ laborers in excess of their reasonable requirements, and of spying upon marketmen for the purpose of compelling them to buy Metropolitan's feed in violation of the decree of the court. For these offenses he was sentenced to serve six months in the detention headquarters.
He was also adjudged guilty of contempt for visiting a poultry market on December 21, 1932, and threatening the proprietor and ordering him to rent poultry coops from the New Jersey Coop Company, for compelling marketmen to buy merchandise from particular sellers, and ...