Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-09-06
PACKERS HAVE DECIDED
TO Fight GOVERNMENT
SECURE CONTINUANCE OF BEEF
TRUST CASES AT CHICAGO
UNTIL SEPT. is.
EXPECTED SOME ACTION WILL
BE TAKEN TO ENJolN THE
PROSECUTION.

PROSECUTION.
Chicago. Sept. 6. Government pros
ecution Of Chicago packers for alleged
violation Of the antitrust laws was
scheduled to begin during the day,
but instead there was delay. On mo-
ton Of Attorney ]. s. Miller, repre-
senting the packers, the hearing of
the cases was postponed till Sept. IS.
The courtroom in the new federal
building was filed with lawyers and
spectators. United States District
Judge Otis Humphrey presided. At
torney General Moody, with District
Attorney Morrison, Assistant Attorney
General Pagin and Assistant District
Attorney Elwood Goodman occupied
one table, while Attorney Miller and
his associate counsel seated them
selves at another. Attorney Morrison
announced to the court that the pack
ers had been notified to plead and
that their counsel was present for
that purpose. Attorney Miller then
arose and said:
The district attorney has given me
notice as well as the defendants to
plead here today. The notice came
Friday. Saturday was q holiday and
Monday being Labor day we could do
nothing. It Is still vacation season
and anyway the notice was a surprise
to the defendants. I do not, in way.
represent all Of the defendants and
the matter Of selecting counsel Is still
under consid eration. Many Of the de-
PENDANTS are away, as well as some Of
the attorneys, and we now ask that
the government does not press the
matter of the motion to plead until
Monday. Sept. Is. AT that time every
one will have returned and the courts
will be open. I hope that counsel
will agree to the postponemcnt and
we will ask nothing further. pre-
sumo the defendants will take some
action which will precede the matter
Of pleading. 81
They might move to quash the In
dictments, enter q plea in abatement
Or proceed by demurrer to the indict-i
ments. We have not yet definitely
settled what action to take and III
view of this unsettled condition we
ask that the matter be continued until
the 18th.
Government Grants Request.
"The request Of counsel is not nm
satisfactory or unreasonable y said
District Attorney Morrison, "and the
government Is satisfied
Let 1t be so ordered" replied
Judge Humphrey "The matter Of
pleading is continued until Sept. 49,"
The attorney general was reticent
IN speaking OF the matter. but de-
clared that he is not DESTROYS of put
ing the packers to any Inconvenience.
Il do not know. OF course, what the
packers Intend to do between now and
Sept. 49," he said, "but suppose they
will seek to enjoin the prosecution. 1
never heard Of such a proceeding be-
lore, but do not know why such an
action could not be taken. OF course
cannot say what judge they would
select In making their advances be-
cause / know nothing of their plans.
The government will push the cases
IS rapidly as possible and still con-
,istently and without prejudice"
After the case had been continued
Attorney General Moody. District At
.orney Morrison and Assistant Attor-
hey General Oliver e. Pagin held a
conference in the district attorneys
office. The attorney general again
.ook up a discussion of the procedure
d the case In view of the apparent
attitude of the packers. It is probable
hat he may send other assistants to-
he district attorney when the case
zones to trial. Attorney General
Moody has learned that each of the
.wenty-one packers and probably the
i've corporations who were indicted
will be represented by individual coun-
sel and because OF the multiplicity Of
attorneys the governments position
may be attacked on many technicaii
les. as VS.
Later It was stated authoritatiyely
hat within ten days Attorney Miller
and his associates will apply to the
federal circuit or appellate court for
IN Injunction restraining the govern
nent from prosecuting the defendants
Tor conspiracy.
Roosevelt Thanked for Peace.
3 Christiania. Norway, Sept. s. The
Law association now In
session here has unanimously APP
proved Of cabling to President Roose.
velt thanking him for his good offices
ln promoting peace and for his contin-
ned endeavors In helping forward .
happy conclusion Of the treaty.