New-York tribune., 1900-12-11
ARMOUR ~oLEo" CASEFAILS
ATE'S SUIT AGAINST THE ARMoURs
FoR 81. 72a.ooO To RE DISMISSED.

FoR 81 72a.ooO To RE DISMISSED.
The suit OF the state against Philip ID. Armour.
Jona than q. Armour. Philip ID. Armour, jr-. and
the Armour Packing Company for 81 T2s 600 for al
leEed evasion of the snti-OleOmargarine laws.
barrn i've years ago by Commissioner Frederick
C. Schrsuh. Is likely 70 BE- abandoned. according
20 the statement made yesterday 20 Tribune re-
porter BY Prank "a. Patt the legal representa-
i've 0f the Armours in this city. Mr.. Patt has
asked Justice Frank H. Hiscock. OF the Supreme
Court. dismiss the suit. Attorney-General John
(. Davies Acknowledged last week. when the final
papers submitted 90 Justice HseOck. sitting
a. Albany. that the State had no direct evidence
70 sustain The suit
FRANK n. PLATTs STATEMENT
Frank n. Platt said yesterday that the report
that political trfckery had been employed TO Sc
sure discontinuance OF the suit was wholly
anf0unded. He answered these mputations by the
following statement:
The Armours have been selling their products n
New-lOrk State for many years. ON April 10. 1888.
The agricultural law was passed. OF the pro-
visions Of which made il unlawful 10 sell oleo-
meSfeE az t 5ne STsSgS PsssSgSs GI ctms ths
under the law, began 10 interfere with the AT
nOurs business The Armours brought suit agalnst
him IN the United States Circuit Court 20 restrain
hin from such interterenoe on Ihe gr9nna ina,
then recent decision in the fiumley case, holding
Judge Coxe. OF Utica, o the strength of that de-
clsion. enjoined NJ schraub and his empioEE,es E,ss
from interfering with the Armours' business The
mn, Rr9oeeed IN $500 sd % lbn nnG m % snTpre
~ every one. the supreme Court Of the United
States reversed the Pumley decision holding the
Massachusetts law TO be conSll9l,oal. I ne nf AZ
moe vbi 1S IicI'l,IrSI 1aTtn@nt ~ this
State claimed 10 b. illegal There Is no doubt M
my mind that the injunction which they obtained
constituted perfect defence 10 every claim that
was afierward made by Commissioner Sehrauh
Nevertheless. after waiting more man q Year 49, M ~
ofhce began suits against the AImours, claim
not specify any pafticular transactions. but. a
mere matter of guesswork alleged thar The Ar
NJ giafs T., MS sTaT ie de1ired M a fabulous
sum which lad no relation Whatsoever any real
facts. He could have made il as many millions
On my motion these complaints were immedi-
stely stricken out by the Court, and the state
actions which it relied. There never we're any
such transactions and the State has not IN nye
years been able 20 serve any complaints in the
ASKS COURT TO DISMISS.
Counsel for the state undertook TO examine some
rsroad OFFICIALS IN order 10 obtain ne eesne1 -
siS moi exsf some @f The railroad oficais brought
forward al The books and papers that were re-
such evidenCe the state expected 40 find In
other instances The books had, in due course Of
time and business. been destroyed.
The cases dragged along for years Attorney
General Hancock, Attorney-tiencral Dawes; Inc
special counsel who had been employed and Mr..
Schraub himself had all publicly reported that
there Was nothing in The eases. II l'ecame obvious
thai the state did moi intend TO attempt TO prose
cute. and could not prosecute. me cases further
Accordingly brought the eases 10 a head by NOV
ing 20 dismiss the complaints, The motion + now
ton Attornsy-Genersl Dawes reported the facts
20 tho Court as above stated, and left the matter
IN the hands of the Court
A. one time in the proceedings Mr.. Armour was
bs thought there Vas an possibility of defeat but
because he wanted = buy peace. He offered Seoooo
sw had been passed authorizing the Commissioner
provsl OF The Auorney-Genera and the Governor.
The Commissioner OF Agriculture; acting on the
ecess ne aeP ana bed IL without aeiing aSoh
IL 8
when the matter came before Governor Roosevelt
he did not believe mat the Arrnours owed anything
such circumstances for the State 20 accept any
thing from them.
made. was sut through bE sehrsaS NeifheT the
Arnonrs. nor ever knew anything about it until
EX-GovERNoR BT.ACK's POSITION
EK Governor Frank s sBisek, .xho in 1897 refused
10 approve OF the settlement OF the suit for $4,000
said yesterday at his office at No. li9 Broadway:
In December. ls9I. I urged by Attorney
General Hancock and Commissioner Wieting, as
well az by Mr.. Platt 10 accept the 10000 offered
the ground that the State had no case against
Armour Co. II Armour q Co had not violated
the law that firm did not the State $4,000 OF
any other sum. II the law had been violated the
penalty for such violation should have been en-
forced"
Ar. Black said that he could not state his rea-
sons Tor disapproving the settlement the suit in
NV lie asked 20 be excused from doing so. say
"s lhai ne haa preserved no memoranda Of the
points involved. He denied the report that he
persisted in his refusal because the suit for 81 7a
"9 was Instituted 10y a Democratic State Official
and for that reason ne did not wish a Republicau
Attorney General 10 compromise the SUIT al so 0aa
thereby exposing the Republican party 10 possible
suspicion because Of the character OF the transac
ti0n-
WAY Bills BY THE CARLOAD DESTROYED
When Controller John Christensen Of the New
YORK Central Railroad asked Yesterday about
the story 10 the effect that the Central had de-
sroved certain way bills needed By the State in
''s acllon against the Armours he said:
thlnk remember something about the case
lNe or SIX years ago attorneys notified ,s
ma certain Nay bills covering certain per5o5 ~
business would be needed in an action az I,,r W
e"t them al tocether and they were sent "a ,b
~ JOINS Park Narick-stD terminal How ,,sr~
% thefn DO you suppose there wereP Sfxtaar 60
ieaos done up in crates They were s,rntss ,ro,,,
me cars Tor few weeks untH the ,arsnaster .,o.
n3it crazy about the they took tIn ana ,l,o.
We called in junk man and turned over ,ha
oe ouheh 70 him. We don't keep way hills over
ss sSssI y We kept them ali We should soon 80
nuiiding as large as The C,r-spS fs.,.s.1i
t,-.Hull. ~ Is much cheaper run rt,e al
SUI than 20 Keep piug IN r1seisss -a.aIs ~ a
tiieH are properly recorded fheN
r,osstti e,ufus are compressed into the snoaieS+
s,v[,H shait, but they take up thonssr,is -
seu"'e leei OF space. thin they are VI
ATrORAEYGENERAL'S STATEMENT
MR. DAVIES SAYS He HAS >or co,--r..-