Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1902-05-11
Says Combination Controls Price Secretly
Paid for Live Stock.
COMPETITIVE BIDS NOT IN GOOD FAITH
Temporary Restraining Order Will Be Asked
for at Chicago May 90,
ATTORNEY BETHEA WILL OPEN CASE
OstensIbIe Obedience TO Courts Decree
Followed by Demurrer TO PetI-
tIOn ProbIematical Defense
of the Packers,

CHICAGO, May 10.-with the full ap-
proval of Attorney General Knox, repre-
Senting the national government, District
Attorney S. c. Bethea this evening filed
with the clerk OF the federal court a bill
for an injunction, designed to destroy the
alleged giant conspiracy to illegally con-
troll the meat trade OF the United States.
The original OF the bill was recorded the
moment filed and was at once placed in the
official files of the court clerks office. At
the same time District Attorney Bethea
served notice that at p. m, May 20, he
will appear before Federal Judge Grosscup
and ask for a temporary injunction against
the packers and their representatives under
the Sherman national antitrust law.
When the case shall come up for hearing
May 20 District Attorney Bethea will be
present IN person to present his arguments
in support of a motion for a temporary in
junction. He will be assisted by Attorneys
C. B. Morrison and oliver Pagin from his
ONCE, and probably by Special Counsel w.
A. Day.
Nature of Packers Course.
What the defendants will do now that
the government has begun the long talked
OF proceedings was forecasted by one of
their representatives. They will not make
a fight on May 20, according to this au-
.thority. They will submit to the entry OF
an order enjoining them from the acts
complained of in the bill and will promise
to refrain from further alleged violations OF
the law until the time of the next hearing.
That probably will be about June 20. Be-
fore the latter date they will have filed a
demurrer in which the insufflciency of the
governments petition will be alleged. This
demurrer will raise an important point
under the interstate commerce regulations,
probably to the effect that the shipping OF
meats to ones own agent in another state
under a certain agreement is not interstate
commerce.
In the event that the demurrer shall be
overruled the packers will still have the
privilege Of hling an answer which will
necessitate a further hearing on the merits
of the governments charges. If. on the
other hand, the demurrer shall be sustained
the federal attorneys can file an amended
bill.
Notify Packers Counsel.
Copies OF the governments bill were re-
celved at Mr.. Bethea's once from Washing
lton today through the malls by special de-
livery. The district attorney and his as
fendant's counsel and after swearing to the
bill Mr.. Bethea filed 1t.
The petition charges conspiracy, unlaw'
full combination, illegal carriage charge, an
illegal credit agreement, creating false
market prices, Illegally depressing the mar
ket and accepting railway rebates.
All Of the principal packing companies
organized under the laws OF New Jersey
Michigan, New York and Illinois are made
parties to the defense, and all are residents
of Illinois, save Mr. Sulzberger and Mr.
Noyes of New York and e. @. Swift OF Bos'
ton.
The government recites that their plants
and yards are at Chicago. Omaha. siouI
City, st. Joseph. Kansas City, East ST
Louis, Cudahy, Wis, and Hammond, Ind.
Following Is the petition in full:
Text of Petition.
In the Circuit Court of the United States
for the Northern District OF Illinois
The United states Of America against
Swift and Company and Others.
70 % the Honorable, the Judges of tn,
Circuit Court OF the United states O
America, for the Northern District o.
illinois, Northern Division. Sitting ii
your petitioner, the United States o
America, by 8 Il. Bethea, It's attorne!
by and under the direction of Philande
c. Knox, its attorney general, brings this
s bill OF fomPsdnbt 1gSRRs PaaRnu s% Company an'
The Hammond Packing Company an'
Armour and Company, corporations or
iganized and existing under and by virtue Q
the laws of the state of Illinois; tn
Armour acking Company, the g. II; Ham
mond Company, schwartzehild and sui. sui.
ing under and by virtue, respectively, o
the laws OF the states or New Sersey
Md@aEFd MOTHS eRa Ns% nS GSmpa6y SGs
PSs s.I ana South 8. SGsePh JaIsSIt nssCST
Thomas j. conners, Charles F. Lsngdor
hlshss faSfeS eeSSSaRRy eSSaRyy fSStd ESsat soTeSeT
oustavus F, swift, Louis F; Swift, Law
renee A. Carton, D; Edwin HaTtwsIl Jess, Jess
William Russell, Albert IL veeder an
Henry VeedeT, citizens, respectively, o
the state of Illinois, residing at Chicago
Edward c. Swift. a citizens OF the state o
Massachusetts, residing at Boston, an
Ferdinand sulzberger. and W. II. H9ye'
al the city OF New York. in that state. an
on information and belief. alleges and re
spectfully shows 10 your honors'
Places of Business.
First-Thut said corporations. partner
ship and persons for many years iast pas pas
business OF buying live stock. te-wit, cattle
sheep and hogs at divers points through
out the said United States, where stoc
yards and such like open and eompetitiy
markets for the sale OF live stock exists
Chicago, In the state OF Illinois, Omaha, l
the state OF Nebraska; Sioux city, In th
state OF Iowa; ST. Joseph, in the state {
Missouri; Kansas City, I'm the state OF MI
souri; East 81 Louis, in the state Of Ill
nois, and St Paul, in the state OF Mime
sota-and slaughtering such live stock &
the several extensive plants for that pul
pose maintained by certain. OF said d,
PENDANTS respectively. to-wit, the planl
OF armour q Go, at the city 81 Chicago
the state OF Illinois; at the city OF Kanss
City, in the state OF Missouri; at the cit
OF South Omaha. In the state OF Nebrask
and at the city OF Sioux City, In the stai
OF Iowa; the plants OF the Cudahy Packin
Company at South Omaha, Kansas City ar
= Sioux City aforesaid, and at Cudahy,
the state OF Wisconsin; the plants OF q
Hammond Packing Company at Chicae
and Omaha, aforesaid; Hammond, In n
state OF Indiana. and South ST. Joseph,
the state OF Missouri; the plants Of NelsC
Morris A Co. at Chicago. East St. Lou
ana South ST. Joseph. aforesaid; the plan
OF the Schwartzohild a Sulzberger con
pany az Chicago and Kansas City, sfor
said, and the plants OF Swift and CompaI
at Chicago, East St Louis. South 81 j