Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-02-20
INJUNCTION GRANTED
JUDGE GROSSCUP ISSUES TEMPO.
RARY RESTRAINING ORDER
IN BEEF TRUST CASE.
DECIDES AGAINST PACKERS

cult court-Entire Question Of In.
terstate Commerce and Unlawful
Restraint Of Trade Treated Exhaus-
lively in the Opinion Rendered.
Appeal May Sc Taken.
Chicago. Feb 19.-The so-called
beef trust case was disposed OF DUR
Ing the day by Judge Grosscup in the
United States circuit court, the de-
murrer Of the packers being overruled,
and temporary injunction granted.
The attorneys for the packers made
no announcement of their future in
tentions. They have until March 4 to
discuss the matter with their princi-
pals. If they deny the facts upon
which Judge Grosscup based his de-
clsion. the matter will 60 before a
master in chancery, who will hear the
evidence, and the case will again be
argued before Judge Grosscup. An
appeal may be taken. in order to hast
en- the final adjudication of the case.
1t is not believed likely that the pack
ers will let the matter go by default,
thus making the injunction permanent.
Defines Commerce.
Commerce. said Judge Grosscup,
In his decision, lis the sale or ex-
change of commodities. But that
which the law looks upon as the body
of commerce is not restricted to spe-
cific acts of sale or exchange. 1t in
cudes the intercourse-all the initia-
tory and intervening acts. instrument
talties and dealings-that directly
| bring about the sale or exchange.
Thus, though the sale or exchange is
commercial act. so, also. is the So
! licitation of the drummer. whose oc-
cupation it is to bring about the sale
or exchange The whole transa ction.
| from initiation to elimination is COM
merce.
When commerce thus broadly de-
! fined, is between parties dealing from
different states-to be effected so far
as the immediate act Of exchange goes
by transportation from state to state
it is commerce between the states
within the meaning of the Constitu-
| tion. and the statute known as the
Sherman act. But it is
Not the Transportation
| that makes the transaction interstate
| commerce That is an adjunct only,
essential to commerce. but not the
test The underlying test is that the
| Srn aof: In oil N
each part calculated to bring about the
result. reaches into two or more
states: and that the parties dealing
with reference thereto from different
states An interstate commercial tran
saction, is. In this sense. an AFFAIR
arising from different states. and cen
tering in the act of exchange: each es-
sential part of the affair being as much
| commerce as is the center With this
| definition in mind, let US see. what the
transaction made ont in the petition is.
For the purpose of clear exposition
the facts set forth in the petition
should be separated into two groups;
those that are intended to bring the
transaction within the body Of inter-
state commerce. and those that are
intended to fix upon such transaction
! the character of unlawful
Combination and Conspiracy.
The first group may be stated as fol-
lows: The defendants. controlling GO
ner cent of the trade and commerce
! in fresh meats in the United States
buv in the course of their business
live stock shipped from points
throughout the United States, which
having been converted into fresh
meats. it is sold again by them at the
places where prepared. to dealers and
consumers in other states: or is sold
fhrough their agents located in other
states. to dealers and consumers IN
the states where the agents are To-
Gated The shipments in the first
class of sales are made directly from
/ the places where the meat is prepared
to the dealers and consumers in other
! states. and in the latter class to the
/ agents in the other states. who. upon
/ sole. deliver directly to the dealer
and consumer What NAV be called the
! hodv of these transactions is two
! fol1 II reaches backward to the. pur-
chase of cattle that come to defenf'
/ ants from states other than these In
which defendants manufacture and
II Reaches Forward
| 10 the sales of the meats after conver
| sion 10 parties dealing with respect
thereto from other states; FOLLOWED
hy shipments into other states. Each
| cf these transactions constitutes in my
iuaomcut. interstate commerce.
Coming t0 the other branch OF the
trapea tion-the sales by defendants
- like result follows. Unquestion
ah'v II is interstate commerce wher
nrrchasers from other states buy di
| 5cetlv from the defendants and have
TIE meats shipped to them by thu
vcnaers. The site of such transao
tion both as to initatory intercourse
and as TO transportation in further
ance of the exchange. includes stat
other than the one from which dc
| PENDANTS deal.
think the same is true Of mea
sent to agents and sold from thei