The sun., 1903-02-19
BEEF TRUST STILL ENJOINED.
GOVERNMENTS CASE rs GOOD,
SAYS JUICE GROSSCCP.
Federal Judge In Chicago Dismisses tho
Demurrer TO the lnJunctien Granted
Last May-Deciarcs That the sherman
Act Applies and Must he Obeyed.

A.. -. = =.
"'' "P""@ "no mot ne O"Ceu'
CHICAGO, Feb. 1s.-,Juds, Grosso,p tn.
day overr,,led the denurrer of swift A
CO., Armour 4 Co. and others in the A..
called Beef Trust to the petition Of the
Government for an ini,,nction restraining
the packers from mana rine their b,,sinses
IN violation OF the Sherman Anti-Tn,st
law, under which enac, rnent the Federal
Inv department prooeeded s. Betha,.
United States District Attornev ana "
A. Day. special counsel acting for Attor-
ney-General Knox. apneared for the Gov.
ernment
John s. Miller of coupse, for the n.cks,,
said to-day that two courses were nov
open to his clients. One /. To default and
allow the temporarv restraining ordsr
obtained by tho Government la., M.v to
become permanent. or else 10 answer J,,dss
Grosscun's decison. in vb;ch or.n, ,h.r.
would he n prplimjnarv bo,rin, ha,ora
master in chancerv nr.,eiin. r..u,,r
trial of the issue which ul,jmste,v riiI end
its vay 10 the Trntsd st.t.s S,,r.no
Court
Mr.. Miller was unwilli,g ,oI,,v IN in.
dicate wba, would Iva done The nock.r,
meantime are doing business subject 70
the Injunction. which has been in forc.
since Nav 20 The packers made a hard
ficbt last December when their advocat.,
attacked the l,overnmen,,s rsti,ion IN
technical urourds
In the ne.i,ion of thu Covarnn,snt 4,
was chor,al ,ha, tha raaL.r. No.. 80, q.
oonsnracv for war. xi,h m. .n,,h.r
and with railroad oor,non,o. .rd o,h.r.
A., .,,',,,, p' s VI Wv supp,y .a.
.. ,-'., ~ "e'n i,'ea,s ""ous'Du'
.ne .hi'ed states ana foreign countries
To that end il was charged that they arti-
hcially restrain commerce and put In force
abnormal unreasonable and arbitrary
ness anecting " from the shlpments OF
live stock from the plains to the final dis
tribution of the meats to the customer.
All this is held to be to the injury Of the
neonls and in defiance Of the law az The
land. In the bill the charges were set
forth In detail.
w. ,h;s sa,i,,o, e -, 49,. ....,s...
corporations fled demurrers on the ground
w., o.. t;I, =, oor,ri.;n, a. ~. .n...
any contract, combination or conspiracy
in restraint Of interstate or forsAun corn-
:" .';.n;. -, s.- - ~" cL
's nc, ssos % !. did not os aes. any sc,s Of m"noro.
Uu;n,, ~. ,,on.,,;rrr 20 ,,,nonol,,. s,oh onr,-
i'zlne OF consuming 70 % inenopo',~e 'uoa o. oo'n
construed ar M IN eustain tho hin of
eoi'', u." 'o a. uo ~ "
Federal Constitution. II wa. also asserted
-. -, .... ..,;ai.,-... -, ..,,.u. - e.
that ,here WAS rh'sJoh'"er oi e~uNes o' ~
ton and Of persons and that the charges
In thu hill were not suff3cientlv sr,eci0c.
Alter .Judoe Grosscnp had made n state
nnent Of the iacts involved he delivered this
opjnion.
C.,,,,ou,o hr,.ev sto,.d IA IN. .a,s ar
exchanse Gi com t0n'ou he hoa Sut ~ ma cnmsrce mc.
!he IN "a" s,r,c,.S ~ snscac acts ~ saIe ar
esehanse7 II includes the intercoarss-
bs sna sas aeon or escbans. Tbus
thoueh sue or eMChdnvS ~ ,o ,ooI,,.uo, I,'n,,,,nr
aIt 70 ul- ~ ,i ur is tn hr,ng aho,,t *.
rIe w1ess or e.o,1anse ,BrenHsn vs. Titusyiiis'
lS5 :. lsvl Inc wno's unaoo" ,ae ""'"
n,usuoh rn 70 rua,.aaSn: ,b,,: sr;orw 6eSnsd ia
between par!ies desihs IRON omsatsv oimsaaSt css 81
TO oe eneo'en so iar rons,nrtasion a. ,mS 9rom
state TO State.it IL commerce between fs,a, tns
stlte., within .ne ineaMu s ~ sSa,msn .mo ~ An"
snd 'tatutn Known as a,e Shebman a, n nSs ph. Ih.
trarsaction inierstste commerce ahft ht = a., an
ai!nnct oHr{ e7ucrIi MdarI,ioe 10 tns, ibst the
the le@.; he u.,u.I ~. ein,i1ing ssrh
part calcuiafd 70 orins soou' .Ie .h
reaches INTO Two or more ctapes' nhu that wy
parties dealing Win reierehoe tnsIeto ues'
from dlnereh' Sthtes', Ah uterstae CoIn
mercial trahsaetioh l. n ln.s senre' an ansI
arising from oiusrehl o,aps anu Snu.nx.
In the act OF exchange, each essehtiai ps!t
of the ahntr binR as npcn commerce es y
the other" with this dennition IN nind, iet
IA see what the trahsaction maue out III 'he
petition ~,
prpcu.srs IN yAriors srAr.s
,., A.,
For tho purpose OF clear exp2sitlon tne
facts set forth IN the pel,ioh shouio pe sepa.
rated into two groups-tnose naI SrS
Intended to bring the translcuon WYNN
the boiy OF interstate commerce ahn tn9so
that are intended 10 nx upon such transacuon
the character OF uhlf~luI comoinauon anu
conspiracy. Shorh OF N"1oiaee anu OF ns
material acce'sories the rrst group may 20
stated IA foilows. me ueleuuants, conVot-
ling 81 per cent or the trace ana cominerce
in fresh meats IN the tnitcu states. puy. "
the course OF their business; nNr stocs snnippeo
from points throughout lhe ih'Hd ota,ee.
which. having b"eli converter INTO iIesn
meats, ~ SOLD again hy, tnem az ue plAcey
where prepared 10 deiiers ana consumeIS
In other states, or Is SOLO thToueh me9f
agents, located in other states. 70 deAere
and consumers In the States where the agents
are located.
The shipments IN the first class OF eaiee
are made directly ron on the places Snere e, tms
meat ~ prcparei 10 Ue ueAtr- anu COnruW-
In nj