New-York tribune., 1902-05-11

for the Northern District of Illinois. The case
viii be recorded in history among celebrated
legal contests. the United States Of America
against Swift & Co. and others. The petition in
full Is follows:
n the Circuit Court Of the United States for
the Northern District Of Illinois, Northern Di-
vision. The United States Of America agt.
Swift & Co. and others.
PETITION
To the honorable the Judges Of the Circuit Court
or the United states OF America for the
Northern District OF Illinois, Northern Di-
vision. sitting in equity.
Your petitioner, the United States of America
bv s H Bethea its attorney for the Northern
District Of Illinois, acting by and under the d.
recCOn Of Philander c. Knox. its Attorney Cen
era. brings this, its bill Of complaint. against
Swift q Co, the Hammond Packing Company.
the Cudahy Packing Company and Armour &
Co. corporations organized and existing under
anc by virtue OF the laws OF the State OF IH-
nOis; the Armour Packing Company the G. H.
Hammond Company, SchwarZschild & Sulz-
berger, corporations organized and existing
-,,5er g1d bv virrr,e resnerrivelv ~ rha laws
ot the States Of New-Jersey. Michigan and New
York; Nelson Morris, Edward Morris and Ira
y Norris, .cOpartners under the name OF Nelson
Morris & Co, doing business at Chicago, Ill;
East St Louis. III. and South ST. Joseph, No;
J. ogden Armour, Patrick A. Valentine, Calvin
II. FavoriJe. Arthur Meeker, Thomas J. Con-
ners. Charles F. LangdOn, Michael Cudahy Ed
ward = Cudahy, Patrick Cudahy, Albert T.
BOrchert. CIustavus T. Swift, Louis z. Swift,
Lawrence a Carton, D. Edwin Harrwen, Jesse
P Lyman, Frank E. VOgel Louis PfaelZeT,
william Russell. Albert H Veeder and Henry
veeder citizens, respectively, of the State Of
Illinois, residing al Chicago; Edward c. Swift,
& citizen Of the State Of Massachusetts, residing
al Boston, and Ferdinand SuIzberger and ".
H Noyes. citizens OF the state OF New YORK.
residing at the city Of New-Y York, in that State,
and On Information and belief. alleges and re-
spectfully shows 10 your houors.
POINTS OF THE COMPLAINT.
Ffrst-That said corporations, partnerships
end persons for many years last past have been
and now are engaged IN the business OF buying
live stock, 70 VII. cattle. sheep and hogs, at
divers points throughout the said United States
where stOckyards and such ike open and
competitive markets for the sale Of live stock
exist-at Chicago n the State Of Illinois;
Omaha IN the State OF Nebraska; Sioux City,
n the State Of Iowa; St Joseph, in the State Of
missouri: KANSAS CITY. IN the state OF MS
souri,: East ST. Louis, in the State OF Illinois,
and 81 Paul, in the State OF Minnesota-and
slaughIertng such 1--we stock al the several e1-
tensive plants for that purpose maintained by
certain Of the said defendants. respectively
10 Wit. the plants OF Armour & Co, al the city
of Chicago in the State OF Illinois; az the city
OF East 81. Louis, in the State Of Illinois; at
the city OF Kansas City, in the state Of Mis-
sOuri: at the city OF South Omaha, in the State
OF Nebraska, and al the city Of Sioux Falls, in
The State OF Iowa; the plants Of the Cudahy
Packing Company, al South Omaha. Kansas
City and Sioux City. aforesaid. and at Cudahy,
IN the State OF Wisconsin. the plants or the
Hammond Packing Company, at Chicago and
Ouaha. aforesaid Hammond. in the State Of
Indiana, and South 81. Joseph. in the State Of
Missouri the plants Of Nelson Norris & Co, at
Chicago, East St Louis and South ST.
Joseph, aforesaid; the plants Of the Schwarz-
schid & SuIzberger Company al Chicago and
Kansas City, aforesaid. and the plants OF Swift
& Co, at Chicago, East St Louis South ST.
Louis, Kansas City and South Omaha, afore-
said, and St Paul, in the State Of Minnesota,
and at the said several plants converting the
said live stock into fresh meat for human
consumption
Second-That the said defandants for many
years last past have been and now are also en-
GER "a HTETT1 inc T1nh ~waEh
meats, al the several places where they are so
prepared. TO dealers and consumers in divers
States and Territories Of the said United States
other than those wherein the said meats are so
prepared and sold. as aforesaid, and in the Dis
rrlct Of Columbia and in foreign countries, and
sElpplng The same meats When so sold. from the
said places Of their preparation, over the sew
era lines Of transportation Of the several rail-
road companies serving as common carriers. TO
such dealers and consumers pursuant 10 such
sales and in 50 doing have been and are en-
gagged in trade and commerce among the sew
eral States and Territories Of the United States
and the District Of Columbia, and with for
eign nations.
Third-Thar the said defendants for many
years last past have been and now ara also en-
gagged in the business Of shipping such fresh
meats from the said several points where the
same are so prepared for consumption, over
the several lines Of transportation Of the sew
era railroad companies serving the same as
co.'s 3n carriers. 70 their respective agents 10
catel at and near the principal markets for such
meats in other States and Territories than those
wherein the said fresh meats are 80 prepared
Tor consumption aforesaid. and the Dis
Elcl oI CoIuInpla, ana II foreign countries. Tor
sale by those agents in those markets and in
Slcn other States and Territories and the Dis
tr1ct Of Columbia. and in foreign countries, to
dealers and consumers. and have been and are
through these agents selling the same in those
markets, and IN so doing have been and
engaged in trade and commerce among the sew
sral states and Territories Of the United States
and the District Of Columbia, and with foreign
nations.
F0urth-That Of the total volume Of trade and
commerce among the said States and Terrific
mes and District Of Columbia in fresh meats, the
said defendants together control about 90 Der
cent, having during the year 1901 purchased and
slaughtered as aforesaid, and sold and shipped
Ia the form 0f fresh meats as aforesaid. four
million cattle five million sheep and six million
hogs.
F1fth-That as 10 such trade and commerce
among the several States and Territories and
District OF Columbia and with foreign nations
IN fresh meats, the said defendants should, and
but for the acts hereinafter complained Of would,
be and remain in free and unrestrained competi-
lion with each other
RESTRAINT OF TRADE
sixth-That the said defendants. in violation
Of the provisions of an act Of Congress ap-
proved July ,. 1890. entitled An act to protect
trade and commerce against unlawful restraints
and monopoles" and in order TO restrain com
petition among themselves (Which would other
wise exist as 10 the purchase Of live stock
necessary 10 the production Of the meats pro-
continue an unlawful combination and conspira-
cy between themselves for directing and requiring
their respective purchasing agents the said sew
sifa4 STOCK ysards ana open ana competitive mar
kets where they custOmarily purchase such live
stock. 70 wit. Kansas City and ST Joseph Mo-.
Omaha. Neb Sioux City Iowa St Paul Mimi:
East ST Louis and Chicago, IL, aforesaid (the
same being live stock produced and owned prin-
clpaLy in other States and Territories of the
United States. and shipped by the owners
thereof TO such stock yards and open markets
tor competitive sale 10 persons and corporations
engaged IN producing and dealing in fresh meats
II me rlan1er aforesaid) 10 refrain from bidding
against each other. except perfunctorily and