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FEDERAL RESERVE BANK OF CHICAGO
November 6, 1937

Mr. Marriner S. Eccles, Chairman
Board of Governors of the Federal Reserve System
Washington, D. C.
Dear Mr. Eccles;
Pursuant to your telegram and conversation
with Mr, Daiger this morning, I have contacted Mr. Lewis,
and there is enclosed a memorandum dictated by him
relative to the matter in which you are interested.
If I can be of further service to you, I
shall be glad to have you contact me.
Yours very truly,

Referring to the conference with Mr* Daiger in Chicago
Thursday, particularly in reference to restraint of trade existing in
Chicago and in many other large towns, the situation as I view it is
about as follows:
Prior to the enforcement of the N. R. A,, competition was
keen between all producers of building materials and equipment entering
into construction of buildings* This competition in many cases was not
only from the standpoint of business but the personal element also
entered into it, jealousies and ambitions to increase and develop various
classes of business being the impetus for the tremendous development that
occurred in the building trades over a number of years•
The compulsory association of the men described above brought
about an immediate change in their viewpoint of methods of handling
their business. Almost immediately all evidence of competition in most
lines ceased. Many associations, societies, guilds, and other organizations were formed*

These associations in every case appointed a

competent secretary, executive board, etc. Rules governing the operation of these societies were quite similar, the usual procedure being
for a material man or building contractor (such as plumbers, painters,
steam heating and air conditioning, brick, tile, steel, hardware, and
in fact everything entering into construction) would arrange to immediately
notify the secretary of any bid made on any new work and any remodeling
of any considerable size. Generally the first man filing a bid would be
assigned that particular contract. Experience has shown that the person




-2-

expecting to build would seek other bids, in which event such bids would
always be higher, as, for instance, if the amount bid by the original
contractor was |500, successive bids would be 10$, 20$, 50$, etc. higher.
In most instances these quotations or bids would be made without the
trouble of even figuring the plans and specifications. In the case of
a small industry like pipe covering, where materials can be purchased at
a price higher than is paid by the contractors, it has been found
impossible to hire union help to apply such material. This applies also
in the case of plumbing and to a greater or less extent to all of the
other lines, this feature evidently being the result of agreements
between the unions and the material men and contractors above listed
and others in the building trades.
There is no question about the illegality of this, as it is
clearly conspiracy. When associations of this kind were permitted, or
at least tolerated, up to the decision by the United States Supreme
Court some years ago in the celebrated Hardwood Lumber case, conditions
were almost the same. On notification from the Attorney General of the
United States to the hundreds of associations of this character that
were in existence, there was an almost immediate cessation of their
operations. Knowing the extreme ill will existing among contractors,
supply men, etc., against being forced into these societies, it appears
to me that an immediate stoppage of this practice would be easily
accomplished. Personal contact with some of the members of these
societies indicates that percentages demanded from the successful contractor often leave him without any profit. The former method of operation




frequently made it more profitable for certain of the members of these
societies to do no business whatever, a greater profit resulting from
their percentage of the higher prices received*

Fair, open, unrestricted

competition, with a few of the more important officials being proceeded
against criminally, would stop this practice. While this condition
exists to a vastly greater extent in the big cities, it is also in full
force in the smaller towns, say from 15,000 to 50,000 population.
This condition not only exists in the building trades, but
also in supplies purchased by the United States Government in connection
with W. P. A. activities, the Government being mulcted for huge sums
by reason of conspiracy among the suppliers to raise their prices to
such an extent that it has created the impression that some of the
Government officials have a financial interest in these amounts. This
can be verified immediately and is an item independent of the desire
to start building in a large way, but has a direct bearing on same.
I have the largest, best-located, best-kept, most desirable
piece of land in Chicago for working men's homes, sixteen miles of
improved streets, sewer, water, gas, pavement, sidewalks, trees, bushes,
etc., and am stopped in my desire to furnish homes for working men at
a low price. I established this great area with that thought in mind
only and have no thought of any financial gain.
As to the probable reaction to stoppage of this practice,
possibly through the office of the United States District Attorney here,
I feel that it would have the hearty sympathy of all citizens, material
men, contractors, ss well as individual members of the unions.