The Oskaloosa herald., 1903-03-26
PACKERS ARE FINED
Result of Custer Proceedings in Mis-
souri, Against Beef Combine.

Jefferson City, Mo-, March 21.-The
Missouri supreme court on Friday
found five large beef packing COM
panies guilty of maintaining an un-
lawful combination 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 fine of $4,000 each
and bear the. costs of the proceedings.
The companies are given 80 days in
which to pay the fine imposed, and if,
during that time, they accept the
judgment and pay the fine the custer
will be held in allegiance and the
companies permitted to continue
doing business in Missouri.
The Companies Affected.
The opinion in the so-called beef
trust cases was written by Judge w.
c. 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 Schwarz-
child & Sulzberger company, of New
York. All of the above named COM
panies maintain branch offices in diff
ferent cities of the United States and
in Missouri at St. Louis, Kansas City
and st. Joseph. The evidence adj
duced which incriminated the pack
NhE -, 81
les.
The Judgment does not affect the
Henry Krug Packing company, which
was originally party to the suit,
the action against that company hav-
ing been Withdrawn.
A Voluminous ID decision.
The decision is voluminous. After
a brief review of the case including
the report of Special Commissioner
I. H. Kinley, Judge Marshall, in the
opinion of the court, says that the
statements, representations and
agreements made by the representa-
tives of the packing companies in
st. Louis, Kansas City and st. Joseph
were admissible in evidence against
the packers and were just as binding
as though they were made and en-
tered into by the highest officers of
the companies, or had been solemnly
adopted by the directors or stock
holders of the companies and made
a part of the minutes of their meet
ings The opinion further states that
the testimony introduced by the
state was abundant to show that the
were members of a COM
to fix and maintain prices,
and that fellow conspirators were
by a system of rebat-
ing.
History of the Case.
The decision in the supreme court |
against the packers is the ending of
a proceeding which was instituted |
last May. On the 9Th of May, 1902,
the different packing companies
doing business in the state were or |
lered by the supreme court to APP
pear here before Judge Burgess of |
he court and show cause why they |
should not be cited 20 hear and an
swer the charge of violating the
antitrust laws of the state in COM
Dining to maintain prices in Mis-
souri,. The result of the hearing led |
Attorney General Crow to file suit |
lgainst the packers, which was pros
.cuted vigorously by him on the part
If the state. Hearings were had at
It. Louis, Kansas City, st. Joseph
md Jefferson City before I. II. Kin
ey, who had been appointed a COM
missioner to hear testimony. The
eport of the commissioner was filed
n the court last October. The pack
rs excepted to the report of the
Commissioner, but the exceptions
we're orerruled by the court and the
'ase was submitted. Attorneys Frank
1agerman and Alexander New. of
Kansas City, acted as counsel for the
packers.
The opinion also holds that. accord
ng to the evidence, the representa-
ives of the packers met on certain
avs to fix the prices for that week;
hat rebating was done; thatthe same
'rices prevailed at all of the coolers
t the same time: that no competitor
ould enter the field against the pack
RS, because the combine would I'M
ersell the newcomer out of business.
he opinion does not take up the
barge made in the proceedings by ,
he attorney general that the COM
anies were also guilty of selling dis
ased meat. Much of the evidence :
as to the effect that the companies
id sell diseased meat. but the opinion ,
t the court was based on the viola =
on of the antitrust law of the state.
Hives are a terrible torment to the
tile folks and m Soma oIdar ona.