Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-05-21
MEAI TRUST fight BEGINS
Motion is Made for Temporary In
junction Against the Big Pack
ing Trust.
United States Represented by Num-
Der of High Class and Well
Known Lawyers.
Attorneys tor the Defendant Make No
Objection to Application for
Temporary Injunction.

Chicago, May 21.-The first engage
ment in the open between the United
States government and the packers,
known as the Big Six" began at 2 p.
M, when United States District Attor-
ney S. H. Bethea, before Judge P. S.
Groscup in the United States circuit
court, made motion for a temporary
restraining order All that has gone
before has been but light skirmishing
or the laying out of lines of attack
and defense.
Attorney Bethea had with him As
sistant Attorney General w. A. Day,
Solicitor General J. K. Richards, Unit
ed States District Attorney Joseph
| Healing of Indianapolis and United
States District Attorney Worthington
of Springfield, Ills. "a
On the other side were arrayed the
attorneys for the packers, headed by
John S. Miller, and comprising Thomas
A. Moran, Louis c. Krauthoff, James
F. Meagher, A. H. Veeder and Henry
NJ. Wolf.
| AS soon as court was reconvened
after the noon recess Attorney Bethea
was given recognition. He asked the
privilege of calling the attention Of the
court to the case of the United States
of America VS.. Swift & Co. and 9TH
ers, for such is the legal title of the
now famous suit involving the exist
ence of the alleged beef trust He
read the bill praying for a temporary
restraining order and to sustain the pc
tition read from great bundle of af-
fldavits. All of these alleged the same
conditions in the meat trade which
have been set forth in the bill already
published, each taking up some par
! ticular phase of the allegations. The
general purpose of the presentation
was to make out before the court a
prima facie case of the disobedience
and defiance of the so-called Sherman
antitrust laws.
Several Affidavits Read.
Attorney Bethea read only few of
the affidavits in his possession, which
he said covered the allegations sub
stantially.
Mr.. Bethea then gave way to As
sistant United States Attorney Day
who made a brief argument for the
evidence in favor of granting the
temporary order.
The restraining order asked that a
| "temporarN order issue from this court
restraining until final hearing or until
further order of this court the de-
PENDANTS, their agents and attorneys
and all other persons acting or claim
ing to act for them, from violating the
provisions of the act of congress en-
titled, an act to protect trade and COM
merce against unlawful restraints and
monopolies' and to restrain the pack
ers from engaging or continuing in any
combination or conspiracy as to trade
| and commerce in fresh meats
Attorneys for the packers offered no
|. objection to the filing of the petition
for a temporary injunction.
Judge Grosscup spoke at length be-
fore giving his decision. He said that
the court would act no differently be-
cause the government is On one side
and vast business interests on the 9TH
er It would move slowly and deliber-
ately. The allegations of the bill
were reviewed at length. In conclud-
ing he said he did not like the form of
the order of Injunction submitted by
the district attorney and that while he
would have to issue it, since no OBJ
lection was raised by the defendants
against its issue, he would draft
new form for the injunction.