Omaha daily bee., 1902-05-11

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Columbia and with foreign countries.
Uniform Carriage Charges.
Ninth-And the said defendants. in vio-
lation Of the provisions OF the said act
Of congress, approved July 2. 1890, have en-
gagged and intend to continue an unlawful
combination and conspiracy to direct and
require their respective agents at and near
many of the markets for such fresh meats
Throughout the said several states and ter
rttories and the District of Columbia to
arbitrarily make and impose uniform
making sales to dealers and consumers in
those markets Of the meats shipped to
them through the said agents by the said
eral points Of preparation of the same,
when no such charges have been or are
customary In such trade and commerce. or
would be made but for said combination
and conspiracy, thereby increasing the
charges for such meats. TO said dealers and
consumers In such markets and preventing
the purchase of the same by those who are
unable or unwilling to pay more than the
price of the meats themselves without such
additional charge, which said copbination
is also in restraint of such trade/and COM
merce aforesaid.
~Tenth-That Notwithstanding the COM
mon carriers by railroad subject to the
provisions of the laws OF the United States
for the regulation of m nave es-
will establish and publish respectively, the
schedules of rates, fares and charges for
places of fits conversion into such meats as
aforesaid, and for the transportation of
such meats as aforesaid, and notwith,
standing such rates were, and are, and will
be the only lawful rates for the transpor-
tetion as aforesaid of such articles, the
said defendants intending thereby to
nlonopolize and attempt to monopolize
the commerce aforesaid and prevent
competition therein, have all and each
ments and agreements with divers officers
and agents of such common carriers
whereby said defendants were to receive
and have received and will continue to re-
ceive by means of rebates and other de-
vices unlawful rates for such transporta-
ton much less than the said lawful rates,
and were to exclusively enjoy and share
said unlawful advantage to the exclusion
Of competitors and would-be competitors
and the general public, and have accord
ingly so enjoyed and shared them, and will,
unless restrained by this honorable court,
continue to do 20; and by force of the con-
sequent inability OF competitors and would
be competitors to engage or continue in
such without ruinous loss have
monOpoliZed and are monopolizing and VIII
continue to monopolize the said commerce,
and have attempted and are attempting
and will attempt to monopolize such com
among the states and territories and the
District of Columbia and with foreign
also a combination and conspiracy in re-
straint of trade and among the
states and territories and the District Of
Columbia and with foreign countries.
Eleventh-That the said defendants now
are and for years past have been in com
and with the railroad companies and 9TH
ers to complainant unknown, to obtain a
monopoly of the supply and distribution OF
fresh meats throughout the United states
and Its territories and shipments thereof
to foreign countries.
To that end the defendants do and will
artihcially restrain such commerce and put
In force abnormal, unreasonable and arbi-
trary regulations for the conduct of their
own and each others business, affecting
the same, from the shipment of the live
stock from the plains to the final distribu-
ton of the meats to the consumer. all to
the manifest In tnFV IN the nRnnln of the
United States and In defiance of law.
injunction il Asked For.
Wherefore, may it please your honors to
forthwith grant a writ OF injunction dl-
attorneys and all other persons acting, or
claiming or assuming to act, under their
authority, or that of any of them, .perpet-
and each OF their agents, attorneys and
the other persons aforesaid, from contin-
uing each and any of the unlawful pro-
to monopolize In the manner aforesaid or
in any other manner; and by any other
said, or any part thereof, or any part of
the trade or among the states
and territories. and district of Columbia
from refraining and instructing- their re-
spective purchasing agents to refrain from
bidding against each other except perfume
torily and without good faith in making
purchases of live stock, and from inducing
each other to so refrain, and from engag-
lhb III oiy VI III
derstanding or arrangement for the pur-
pose of bringing about such refraining
from competitive bidding. and from bidding
up the prices of live stock at the stock
yards and open markets higher than the
state of the trade will warrant, and from
arbitrarily raising, lowering, fixing and
maintaining prices of their and each others
products, and from maintaining prices so
hxed and uniform prices by, adhering to
the same in their sales, or by restricting
the quantities of meats shipped. or by i'm
posing penalties upon themselves and each
credits to dealers, or by making and keep
ing what Is commonly known as a black
list of delinquent dealers. or by refusing
to sell meats to, such delinquents, or by
any other method or device, and from
agreeing with each other and acting in con-
for the sale or delivery OF said meat prod
ucts so sold, in such manner as to prevent
free competition In and restrain or monopo-
lie such commerce., and that they be en-
Joined from imposing a charge for carriage
for the delivery Of their products upon
and from asking and receiving, by means
of rebates or otherwise, from railroad COM
panies less than the established and pub
lished rates for the transportation OF their
live stock and meat products.
And your orator further prays discovery
of the books. papers, accounts. letters, tel
egrams, records and whatsoever
OF the defendants relating in any manner,
directly OF indirectly, to the purchase or
shipment of live stock by them or their
agents, or to the sale or shipment or de-
livery OF fresh meats by them or their
gents.
And may 1t please your honors to grant
such. other and further relief as equity may
require and to your honors may seem meet.
PrayA for SubpOenas.
And your orator prays that a writ of
subpoena may issue to the said defendants.
Swift and Company, the Cudahy Packing
company, the Packing company,
Armour g. Co, the Armour Packing COM
pany, the G.. II. Hammond Packing com
pany, Schwartzchild & Sulzberger, Mel
son, Morris g. Co., ]. Ogden Armour,
Patrick A. Valentine, Calvin NJ. Favorite,
| Arthur Mecker. Thomas j. Corners, Charles
L. Langdon, Michael Cudahy, Edward A.
Cudahy. Patrick Cudahy, Albert F.. Bor-
ebert, Gustavus F. Swift. Louis F. Swift,
Lawrence A. Carton, ID. Edwin Hartwell,
Jesse p. Lyman, Frank e. Vogel, Louis
Pfaelzer, William Russell, Albert II. Veeder
and Henry VeedeT, Edward c. Swift, Fer
dinand Sulzberger and w. II. Noyes, and
each OF them, requiring them and each OF
them, under IA penalty and at a time and
place to be therein stated, to appear and
answer under oath all and singular the
matters hereinbefore stated and charged,
and abide by and perform such orders as
the court may make In the premises.
And your orator will ever pray.
s. II. BETHEA,
United States Attorney Northern District
OF Illinois.
PHILANDER c. KNOX,
Attorney General of the United States
JOHN X. RICHARDS,
Solicitor General of the United States.
w. a. DAY