New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-06-29
A WHISKEY TRUST VICTORY.
JUDGE LACOMBE'S DECISION.
HE SAYS THAT ONLY CONTRACT TO RESTRAIN
TRADE Is ILLEGAL.

Tho wbishev Trust scored another legal victory
yesterday. Judge LacOmbc. OF the Circuit oo'i' "
the United states. in the case against lierpcr' H.
Terrell treasurer OF the trust, who was indicted IN
Boston on March % last yesterday gave his decision
on the validity OF the Indictment, and he recommended
that tho defendant be discharged. The decision, which
affects all the other trust cases and which mas oeei
awaited with so much anxiety by all concerned IS
as follows:
rant issued by a United States Commissioner here Inc
r,,,,n, was based upon the affidavit which was itself
based solely upon fourth count in an Indictment fouhu
BY the Grand Jury In the District court OF inc Vhu
states fo the District Of Massachusetts, The petitioner
being IN custody the United States marshal to await
the order OF The Judge for his removal to the dis
trict Of Massachusetts, wrlts OF habeas corpus ana GER
,or,ri were issued which returns have been made
IL s not disputed by the District Attorney that IL Is
no. the right ut the duty Of the district court oeore
ordering romovul look into the indictment so FAR a. 70
h, ,,sisd that an offence against United States IL
charged and that It Is such an offence as may a"u't
be tried forum which f. claimed the oecuu souu
be removed. And the same right and duty arises upon
haieas corpus, whether the petitioner Is held uhuer INC
warrant OF removal issued ly the district Judge whose u
clson is thus reviewed under the warrant OF 'he
commissioner await the action OF the district Judge
The latter decision OF the Circuit Courts aouhu''.Y
tabshed this proposition. In the case OF - buell.
limited States vs. Brewer and others, this practice was
followed There Is good cause for holding that hs power
should be exercised llbcrlly whenever the Judge tcoc
the questions are raised on nppl''Io" io' " ""''
rant Of removal habeas corpus Is SATISFIED from te
acc NJ the Indictment that were such Indictment
before him trial and donurrcd TO- and tha' ne "oua
qua,h IT, This Is country Of vas; extent anu IL "ouu
he a grave abuse OF the rights Of the citizen H. "heh
charged VITA alleged offences committed perhaps IN some
Mace h. had visited he removable to district
thousands miles from his home. to answer 70 an ino
nebt f,taly defective, any mere theory oil comfy
which would require the sucicncy Of the indictment 10 Dc
tested only 10 the peculiar court In which u Is peuu'"e
Vow should the mere novelty Of the points raised be held
N nrcude the court before which comes the question OF
removal from passing upon them. when 1t has no doubt
ne ,o how IL would pas upon them the cause were
rcndnp before IT. II questions OF such charatr
that IL thought desirable that the opinion Oh an Appellate
Court should obtained, such proceeding as ehs II e
moro anproprate way in which to rac than, for decision
-e adverse To the Government review able By appeal
but similar decision the trial Is hnai a. the "o'c'h
nent cannot APPEAL from q criminal Judgment
Tho nonts Of law arising upon this indictment were
.u carefully considered by Judge Kicks Of Ohio, In his
r,ron nc June H. 1892 on application for removal in
,hc cac Of Corning and French. In that opinion cnt.
,cu, and the District Attorney apparently admitting his
,na,on has discovered only the questions arising under
,e fourth count urging that the learned Judge ala not
fully apprchcnd aycrments of that court ana thcrc'
fore erred In holding that contract was av'rred by
which the dealers obligated themselves 10 purchase eN'
rsvoIy from defendants and TO sell ut the prices hNcd
rc v,cr entirely fee TO buy from whom they pleased.
and e. sell at any price they choose Inc S'a'nU aoe
no, n,ohh, the Offering Of special inducements 70 Such
mrcba1ers AZ shall mako all their purchases from single
nc.rn and shall sell only the prices fixed by H. even
,houch those inducements be favorable A. to accom-
nlsh their object II tho actual restraint OF trade
thu, f. made illegal by the statutes. but the making oil
contract which is intended restrain uade The pct'
| TONER should be discharged