The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1903-03-21
PACKERS HEAVILY FINED.
GUILTY OF MAINTAINING UN-
LAWFUL COMBINATION.
Five Companies Must Pay Fine of 81, 900
Each and Costs of $1,000 Within
Thirty Days or be Ousted from the
State of AIfssourI-The Court Unant-
nous I'm Its Opinion.

Jefferson City, No, March 20.-The
Missouri supreme court to-day found
five large beef packing companies gull
ty of maintaining an unlawful combina-
tion to control prices of meat in the
state of Missouri and issued an order
of custer prohibiting them from doing
business in this state, and to pay a fine
of $4,000 each and to bear the costs of
the proceedings, which amount to S5,-
OC0. The companies are given thirty
days in which to pay the fine imposed
and if, during that time, they shall ac-
cept the judgment and pay the fine, the
custer will be held in allegiance and the
companies will be permitted to continue
their business in Missouri.
The opinion in the so-called beef trust
cases was writted by Judge Marshall
and concurred in by each of the six
other judges of the court in banc. The
companies affected by the decision are
the Armour Packing company, Cudahy
Packing company, Hammond Packing
company and Swift & Co. of Chicago
and the Schwarzschi1d & Sulzberger
company of New York. All of these
companies maintain branches in differ
en- tcities of the United States and in
Missouri at st. Louis, Kansas City and
St. Joseph.
The evidence thai incriminated the
packers was obtained in these three
cities. The decision in the supreme
court to-day against the packers is the
ending ia proceeding which was in
stituted last May. The different pack
ing companies doing business in the
state were. ordered by the supreme
court on May 6, 1902, to appear in su-
preme court and show cause why they
should not be ordered to appear and
answer the charge of violating the an
THRUST laws of the state, in combining
to maintain prices in Missouri. The
result of the hearing led Attorney Cen
eral Grow to file suits against the pack
ers, which was prosecuted vigorously
by him on the part of the state. Hear
ings were held before a commissioner.
The opinion to-day holds that the evil
dence obtained at the hearings shows
conclusiyely that there was combina-
tion of the packers to maintain trust
prices on beef In Missouri, that the rep
resentatiyes of the packers met on cer-
tain days to fix the prices for the cur
rent week; that rebating was done;
that the same prices prevailed at all the
coolers at the same time; that no COM
petitor could enter the field against the
packers because the combine would un-
dersell the newcomer out of business.
The opinion does not take up the
charge made in the proceedings by the
attorney general that the company
were also guilty of selling diseased
meat. Much of the evidence was to the
effect that the companies did sell dis
eased meat, but the opinion of the court
was based on violation of the anti
trust law Of the state.
In short, concludes the opinion, the
character of the judgment rests in the
discretion of the court and under all
circumstances a judgment of absolute
custer is not necessary in the cases,
but the ends Of Justice will be satisfied
by the imposition of a fine and the
payment Of all costs in this case. 1t
is accordingly ordered that the respond
ent each pay to the clerk OF this cours
within thirty days from this date the
sum of $4,000 as a fine mad that they
also pay all of the costs in the cases.
And it is further ordered that if the re-
sponde1lts. or any of them, fail to pay
said fine and costs within the time
named those SO failing be ousted of all
rights, privilegeh and franchises of ev-
cry nature and kind conferred upon
them by the laws of this state and be
forever prohibited from doing business
in this state"