The Savannah morning news., 1902-05-21
BEEF TRUST ENJOlNED.
Temporary Injunction Is Now in
Eject.

EnetN.
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 Peter
S. Grosscup after the close of argu-
ments in the United States Circuit
Court room. The order gives the relief
prayed for in the bill filed by District
Attorney Bethea on May 10. 1t is so
wide in its scope that if the packers
or their agents continue with their
present alleged uniform arrangements
they will be taken into court on con-
tempt 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 governments petition. Attorney
John S. Miller, who was the sole rep
resentative of the packers present.
pointed out some Objectionable clauses
in the draft of an order presented by
Mr.. Bethea. These concerned the al
lCEtd agreements lOI NIeulls DidCh-
listing 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. At the same time
the order was entered numerous affi-
davits and other exhibits were filed
for the government.
The court room was crowded as it
has seldom been before. General Coun-
sci Miller sat alone to represent the
defendants, though there We're many
office employees of the packers among
the spectators. For the government,
District Attorney Bethea was the
leader and was aided by Solicitor Gen
eral J. h. Richards and Special Coun-
sci Day OF Washington, and Assistant
District Attorneys Morrison. Pagin and
Davis.
Unless the defendants decide to make
fight at an early date in an effort TO
have the order set aside they will have
until Aug. to make reply to the COM
plant. Attorney Miller said tonight
that he cannot tell whether a demur-
rer, plea or an answer will be filed,
though the first named is the most like
ly to be the form of the packers de-
Tense.
The injunction granted by Judge
Grosscup follows closely the language
Of the governments bill and prohibits
the defendants from doing the things
complained of in that bill
The evidence presented by District
Attorney Bethea when the case was
opened, consisted of a bulky batch CT
affidavits collected from persons for
merly connected with the packing
houses that have been made defend
ants in the suits. The afhdavits were
twenty in number and the attorneys
INDUCED in short tilt over the ques-
tion of whether they should be read
but the court decided that no reading
would be permitted until the issue had
been stated.
Mr.. Day made a brief argument for
the government, and then Attorney
John S. Miller, for the defendant pack
ers, read brief reply in which he said
that the packers in question do only
40 per cent. of the packing business of
the country, and that this proportion
could not control the entire business.
He asserted that the prices of dressed
meats were relatively less to-day than
they were at other times. The desire
of the packers was, he said, to have
a full and impartial trial and
If objection were made at this time to
the filing of the petition and it were
tried on eX parte affidavits, this would
not be obtained. He was not prepared
to say whether the defense would be
by demurrer or by answer. But he OBJ
jecetd to two terms of the order, viz.
one preventing the packers from en-
tering into an agreement respecting
uniform credits and another referring
to agreements for refusing to sell to
delinquent dealers or dealers on the
black list" These provisions, he de-
clared, were not within the province
of the court or contrary to the provi-
sions of the Sherman antitrust law of
1SQn