Omaha daily bee., 1902-06-05
HEADING Off THE PACKERS
New York Supreme Justice Grants Ipiuno-
ton Against Western Concerns.
ORDER GOES INTO EFFECT At ONCE
Supreme Court OF Missouri Takes
steps to Force s~wartrchild a suls-
berger TO Comply with state
Corporation Laws,

ALBANY. N. Y, June L.-supreme Jus
tlce Chester has granted an Injunction re-
straining certain beef-packing companies
Of the west from carrying on business in
this state in violation Of the provisions of
the Donnelly antitrust law. The order was
served upon the representatives Of the con-
Germs in this city and Troy today and will
be served on others throughout the state
as quickly as they can be reached. II was
obtained upon the afhdavit OF D.. W. Mere
dith, a former manager OF Swift and Com
pany.
The Injunction Is directed against Ar
mour & Co., Swift and Company. Cudahy
Packing company. Hammond company,
schwartzschild & Sulzberger company. do
nestle and foreign corporations, and
against Nelson Morris, Edward Morris and
Ira N. Morris. co-paftners. carrying on
business as Nelson Morris & Co.. Their
managers and all persons acting for them
are restrained and enjoined from fixing
and determining, by combining together,
the prices to be charged for meat and from
agreeing among themselves as to the supply
Of meat to be brought into thls state by
them and from acting upon any understand
Ing tending to diminish such supply, and
ITUn HAluk VI mdluAdluluB DTlCtb VI luGlI
and each others product by agreement.
Cannot Fix Prices.
They are also enioined from acting under
any agreement whereby the price of labor
shall be affected and competition therein
affected and also, from maintaining unit
form rules for credit to dealers or fixing
uniform prices for carriage.
Attorney General Davis asked that the
injunction be made permanent aud Justice
] Chester directedstnati Il rseonrinue Until the
other or further orders OF the court"
In his afhdavit Meredith set forth that
his. experience In the5meat buslaess covers
a period OF ten years. SIX, With Afmour &
| Co. and the remainder With swit and Com
pany. Continuing. the afddavit says:
when ] first went to work for Armour
& Co. there was open ahd keen oompetitior
between all the great packing Concerns oil
the west until 1898, at which time agree
ments were entered Into add meetings held
between the representatives Of said pack
ing houses to arrange prices, at which
their products could be sold.',.a 81
The general managers of. the packing
houses met oneesa week. somstinAes oftener
ne averred, to endeavor to- reconcile an!
difference existing between them and t
consider the prices they were to impos,
for the ensuing. week. He recites in detail
how the weekly meetings were, conductel
aud, the manner. IN which, the manager
apporttoned TERRITORY among the, severa
packing houses, so that co1npetition coulC
be reduced to q minimum.
The attorney" general also submitted Il
the; court copies of an alleged reretiit agree
ment and a carriage agreement. whicl
..z.. aAz-Alazl r.. ..aNL - " L.
effect when he worked for Swift and Com
pany.
Not Affected by the Order.
NEW YoRH, June 4,-Mrg We'll, secont
vice president Of the Schwarzehilt & Sulz
berger company. saddle 6ad Just learned ii
an unofficial way Of the granting Of the in
junction, but he insisted that It had not beef
served on any oftefal OF hts company. II,
declared that the Injunction would not eff
feet the business Of the firm, as it had no
entered into any combination to maintain
prices and there was no occasion to chang
any Of it's methods OF doing business.
'our prices are fixed by the price we pa.
the farmers, ;" said Mr.. Well. I'VE are no
in business for phIlanthropic purposes an
II we pay 3 cents more to the farmer W,
have to sell at 8 cents more. The higl
prices will be maintained as long as the de
mard is greater than the supply and tn
farmers keep up their prices"
No other statements could be obtained
The local managers said that any action I
be taken in the premises would be directe
by officials in Chicago. a.
To Enforce State Law.
JEFFERSON CITY, Mo-, June 4.-The su
preme court this afternoon directed a wri
Of custer TO issue against the Schwartzs
child & Sulzberger company. and suspende
the sam on condition that the compan
comply with the state laws relating I
corporations within ave days, The ques
tion of fine was reserved until further OF
ders Of the cpurt:' ~
The other packers against whom simils
information was filed we're given until Jur
IS to respond and file return TO rule.
Attorneys Hagerman and New appeare
before the supreme court this morning ar
asked the cosrt to allow the Schwartschii
& sulzberger Packing company to accel
the first count in the attorney general
information against them, to the effect thi
the company Is operating In this sta
without a charter from the secretary
state. "
Messrs. Hagermah and New Stated thai
luS COuEN NOulu uCNcpl mat ~ OOmpai
would pay the 81 900 fine imposed by Ia
and at once take out a charter and then Il
company would be upon an equal footi
with the packing companies in the procee
ings against them for violation OF the an
trust Law. rN-sl . Of GirL
Attorney General Grow stated that he "
willing to accept the fine II it would I
bar him from proceeding against this col
pany, the same as the other companies.
this time Il. court announced that it b
overruled the motion Of all the pack
companies to auash the Information al
against them by the attorney general.
When the court announced that 1t b
~overruled the motion TO quash the inform
ton in the case Mr. New announced to I
court hAt he wished to enter exceptio
to the overruling Of the motion.
This was regarded by the court and I
attorney general as the first indication II
the beef trust would carry the case to
federal courI