The Savannah morning news., 1902-06-03


and others in regard TO this particular
offense of gambling that If a gambler
was convicted he would not be al
lowed 10 pay a fine. that he would be
sentenced to the chaingang- Why,
gentlemen. I can't do that. l can't
promise in advance what my sentence
is going to be on any criminal If
could make such promises to the pros
ecutiOn I could make them TO the de-
PENDANT, and what a spectacle it would
be for judge to notify a defendant,
in advance OF the hearing OF his case.
what fine or punishment is going 10
be put upon him. Such a man would
be unfit for judge and could be i'm
peached and ought to be impeached. A
Judge should no more pledge himself
TO the prosecution in advance TO make
the sentence severe. than bargain with
the defendant in advance that the SEN
tence should be mild. He must hear
the case before he decides what the
sentence shall be.
mo man shall know in advance Of
the hearing what my sentence will be.
1 will not know myself until I hear the
case. When I hear the case I will
put such punishment on the defender
as is commensurate with the crime:
and no power on earth can move me to
announce n advance what sentence
VIII pronounce.
Down With beef Trust.
The next class of offenses TO which
/ am going 10 call your attention" said
Judge Barrow, is called forestalling.
regrating and engrossing. For a long
time the offenses OF forestalling. re-
grating and engrOssing have slept upon
the statute books. For thirty years
they were not in force at all in this
state. They were repealed in 1888 and
re-enacted in 1863. These are common
law offenses. and now for the first
time in many years the occasion has
arisen for calling them into active play.
Since the opening Of the last term Of
this court events have transpired which
make it my duty TO call your attention
especially to one class of criminals
who, l think. come within the opera
ton of the laws against forestalling
and engTossing. to say nothing of re-
grating. I allude TO the authors of
what is commonly known as the beef
trust
The men who combined and organ
lied this trust. in my judgment, are
guilty of forestalling and engrossing
in every county in this state where
they products ahve been sold at the
enhanced price brought about by the
NOAllDiAldlAOAA anu 4nktluEu 10 De
brought about by it, The real culprits
packing houses in the West. who or
ganized this combination. They are the
authors Of the beef trust as it is
commonly called. Their purpose was,
by forestalling and engrossing. to
raise the price of this article OF food.
making the consumer pay more and
increasing their own profits. They
have succeeded.
"Since the opening of the March
term" said Judge Barrow, the mar
ket price Of beef in the butcher stalls
in this town has gone up from 80 to IS
per cent. Beef is a staple article of
food with our people. 1t is a necessary.
The local butchers are not to blame.
They are sufferers along with the peo-
pie. They are powerless to relieve the
people. The real sinner is the con-
spirator who controls the packing
houses in the West and who has the
power to make the combination which
brought about the rise in price.
"A crime is indictable in the courts
of this State. if 1t is a crime by our
law. even although the guilty party
may never have physically set his foot
upon the soil of Georgia. So. if a COM
bination has been formed in Kansas
lily VI III 1IANdSO III AAAr PAA bboE u
committing the offense of forstalling or
engrossing. and that offense is con-
summate1, through innocent agents. in
a county in Georgia, these conspirators
in Kansas City and in Chicago are in
dictable in the courts Of Georgia in
that county in which the crime was
consummated.
That is TO say. if the trust was
formed, or combination made. in
Kansas City with the intent of en-
HANGING the price of beef, and If that
intent was actually carried out by the
purchase of beef by the trust, in the
manner pointed out by the definition of
fOres falling or engrossing, with the
purpose and intent of increasing the
price. and that beef was shipped 10
Georgia, and any of it came TO Chat
ham county. and the price was in fact
enhanced by reason of this combination
and purchase, and in pursuance of the
intent. and their agents here were in
nOcent. then these people would be in
dictable in this court and in this coun-
~, Notwithstanding the fact that they
have never been personally present
here.
"Forestalling may be defined to be
the buying, or contracting for, any cat
tie. merchandise or victual, coming in
the way to the market; or dissuading
persons from bringing their goods or
provisions there; or persuading them
to enhance the price when there; any
OF which practices make the market
dearer to the fair trader.
'EngrOssing may be defined to be
the getting into ones possession, or
buying up large quantities of corn,
or other dead victuals, with
intent to sell them again.
should BE Indicted,
Il direct your attention especially to
this matter. These men ought TO be
indicted and punished. The Solicitor
General vii assist YOU in your investi-
cations, and l will furnish you with
all the facilities within my reach to
pursue the investigation. which 1 hope
you will undertake, and enable you to
get the evidence necessary to support
an indictment. If you can find the
names Of the leading packers who have
been instrumental in forming the beef
trust as il is called, and who are mem
bers of il, the first step will be taken.
If you can then secure evidence going
10 show that they have in fact bought
Up cattle throughout the country
coming in the way to the
market" and that they have
by these means. been
enable to enhance the price of beef
products, and have in fact enhanced
the price in the markets of Savannah.
you will be authorized to bring in a
bill of indictment against them. and I
believe il is your duty to do it. In
the bill filed in the United States Court
in Illinois by the Attorney General of
the United States the names of the de-
PENDANTS can be found. I give it to
1e