The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-05-21
Packers Must Immediately Dis
continue Uniform Ar
rangemGnts
ANY VIOLATION MAKES
THEM LIABLE TO COURT
Little Opposition Raised Against the
Government Petition, But Some
Objectionable Clauses Were
Pointed Out by Attorney.

Chicago, May 2o.-The temporary In
junction asked for by the government
against the members of the so-called
packers combine is now in force. 1t was
issued this evening by Judge P. S. Cross
cup after the close of arguments in the
United States Circuit Court. The orders
give the relief prayed for In the bill filed
by District Attorney Bethea on May 10.
II is 50 wide in It's scope that II the pack
ers or their agents continue with their
present alleged uniform arrangements
they will be taken into court on contempt
proceedings and the burden of proof will
be on them to show that they have not
violated the order in any particular.
Little opposition was raised against the
government petition. Attorney ]. S. Mill
er for the packers pointed out some OBJ
jectionable clauses in the draft of an or
der presented by Mr.. Bethea This con-
| oerned the alleged agreement for credit
blacklisting and carriage Judge Grosscup
| thought some of these minor clauses had
been made too prominent. and he himself
drew a form of order that pleased both
sides
Unless the defendants decide to make a
fight at an early date in an effort to have
the order set aside, they will have until
August to make reply to the complaint.
| The order entered was as follows:
Order of Restraint.
The court doth order that a temporary
writ of Injunction Issue restraining until
| the final hearing, or further order of this
| court. the said defendants (the court here
naming all the defendants whose names
have been repeato diy puhlished), and each
of them, their respective agents and at
torneys and all other persons acting or
claiming or assuming to act under their
authority, or that of any of them, from
entering into taking part In or perform
ing any contract. combination or conspir-
acy. the purpose or effect of which, will
be to trade and commerce in fresh
| meats, restraint of trade or commerce
| among the several states, territories and
the District of Columbia, either by direc-
ting requiring their respective agents
from refraining to bid against each other
| in the purchase of live stock; or. collu-
| sively and by agreement refraining from
| bidding against each other at such sales.
| or by arbitrarily raising lowering
| prices or fixing uniform prices at which
! said meats shall be sold, either directly
| or through their respective agents or by
| curtailing the quantity of such meats
| shipped to such markets and agents or by
| imposing penalties for deviations from
! prices; or establishing and maintaining
uniform rules for the giving of credit to
dealers in such matters or by imposing
uniform charges for carriage and deliv-
| of q n dealers and
! ers or by any other methods or device,
| the purpose and effect Of which Is to re-
strain trade and commerce as aforesaid.
Against Monopoly.
And also from violating the provisions
| of the said act of Congress by combining
or conspiring together or with each other
| and others 10 monopolize or attempting
| tc monopoize any part of the trade and
| commerce in fresh meats among the sew
! cral states and territories and the District
| of Columbia, by demanding, fobtaining
| or with or without the connivatce of off,
GERS or agents thereof. any of them.
receiving from the railroad com panies or
| other common carriers transporting such
| fresh meats in such trade and commerce,
| either directly or by means of rebates, or
| by any other device, transportation of or
| of such fresh meats from the points of
| the preparation and production of the
same from live stock or elsewhere to the
| markets for the sale of the same to deal
| as and consumers in other states and
| territories than those wherein the same
are so prepared or the District of Column
Tia. at less than the regular rates which
may be established or in force, on their
| several lines of transportation under the
provisions in that behalf of the laws OF
| the United States for the regulation of
| comm cree
The evidence presented by District At
| torney Bethea consisted of twenty az
! hdavits from persons formerly connected
| with the defendant packing house the
most important of which is that Of Daniel
w. Meredith Of Jersey City, n. j. For
six years he was manager for Armour q
Co, at Milwaukee and manager in Phil
adelphia for three years Prior to work
ing for Armour & Co, he had been with
Swift e. Co.
Since 1895 he declared six general man.
ayers for the big companies have been
accustomed to meet at least once a
" eek In New York to reconcile the diff
ferences between themselves concerning
the operating of their business and also
to consider the prices which they
should place for the coming week On the
meat products which should be sold in
that territory. and for the purpose OF
considering the quantity Of meats which
each concern had on hand and when
the necessities of the trade would re-
quire they would agree to curtafl their
shipment of meat from Chicago; their
design and purpose being to limit the
quantity Of meats in sight at New York
and adjacent points and raise the prices"
The Court Proceedings.
Attorney Bethea had with him Assist
ant Attorney General w. A Day. Solic-
itor General ]. X. Richards, United
States District Attorney Worthington of
Springfield. ILL.,, and United States Dis
trict Attorney Jos. Heating of Indian
apolis On the other side were arrayed
the attorneys for the packers headed by
John s.. Miller and comprising Thos. A,
Moran. Louis c. Krauthoff. JAS F.
Meagher A. II. Veeder and Henry NJ.
Wolf.
Attorney Bethea asked the privilege Of
u .a4&