Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-12-19
Attorney General Donovan
Charges Big Concerns With
Violating Montana Laws
REcoUNTs ALLEGED METHODS
Petitions Supreme Court to
Enjoin Defendants From Doing Bus
mess in Montana That Property be
Forfeited, Franchises Declared Void,
and a Fine BIO imposed Upon Them.

Helena, Mont, Dec. 10.-AS a result
of the war OF the state authorities
against the Chicago packers five of the
largest concerns in the country must
answer in the Montana supreme court
this week to the charge OF having form
ed a combine In violation of the state
laws.
The order was made at the instance
of Attorney General James Donovan,
who alleges that the companies have
formed combine and, having thus
violated the laws of the state of Mon
tana they should be enjoined from
doing business in the state.
The application for an order to show
cause was made by the attorney gem
eral before the supreme court, the de-
PENDANTS in the suits being the most
prominent factors In the beef trade Of
the country-Swift &c Armour, Armour
& Co, Cudahy IL Co., and the Hammond
Packing Company, of Chicago, and tue
Hammond Packing Company, OF Pu-
eblo The allegation of the attorney
general is practically the same as was
made in the case against the lnterna-
tional Harvester Company Of America.
which was argued before the supreme
court yesterday.
Alleges a Combination.
He contends that the companies nave
formed a combination for the control OF
prices to the consumer of packing house
products, and to the growers of cattle,
sheep and swine that go to the manu-
facture Of these products. The combine
Is, therefore, In the opinion of the re-
lator, in restraint of trade, monop-
oily or trust, and violative Of the laws
of the state Of Montana.
After alleging that the companies
have combined to control the prices Of
the products of their establishments,
! the petition continues:
THAT the people of the state OF Mon
tana produce annually large numbers
of cattle and sheep and that the said
city of Chicago, in the state of Illinois,
is the principal market at which such
cattle and sheep are sold; that SAID de-,
| PENDANT and other corporations con-
stituting the said beef trust are the
principal purchasers in the market, and
have formed the said trust for the pur-
pose Of fixing the purchase price PAID
| to the said Montana producers OF cattle
and sheep and Of preventing competi-
ton by other intending purchasers at
the said market.
Recounts Alleged Methods.
",That in pursuance Of the said pur-
pose it Is understood and agreed be-
| tween said defendant and other corpor-
ations that there shall be no compete
ton among the members OF the said
beef trust. and that all purchases made
by any member Of said trust shall be
held for the benefit Of all the members
of the trust; that all purchases are SO
made. irrespective of supply and de-
mand. and regardless Of competition;
that said cattle and sheep, so pur-
chased from Montana producers, to-
gether with cattle and sheep purchased
from producers in other states, are then
butchered by the said defendant and
said other companies and sold to the
people of the state of Montana and
elsewhere in the form Of meat and
other meat products"
The attorney general asks the SUI
preme court to enjoin the companies
thru their state agents from doing bus
mess in the state; that their property
in Montana be forfeited and their
franchises declared void, and that
fine be imposed upon them for viola
ton of the law.
The following state agents Of the
companies are named in the petition:
w. H. Meloy, for the Hammond com
panies; Harry S. Cuneo for Swift &
Co.; H. F. Johnson, for the Cudahy
Company and c. +. Woodman, for
Armour & Co.
Order is Returnable Friday.
After having the matter under adj
visement for several days the court d.
rected orders to show cause be issued to
each Of the companies named, return
able Friday, Dec g. At this time the
companies are required to show cause,
if any they have, why they SHOULD
not be enjoined from doing any fur
ther business in the state of Montana.
The orders were served on the agents
named.
The packers have not as yet indicat-
ed the nature of their reply, but 1t Is
understood a general denial Of the at
torney generals allegations will be
made. as was done in the suit institu
ed nv him against the international
Harvester Company. 1t is probable that
no decision will be rendered within two
weeks.