Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-10-24
CLAIM THE CONSTITUTIONAL EXEMPTION
Ask that Indictment Be Declared Void
On All COun.G
aRoSScUP INJUNCTION IS CITED
Allegation Made that Action of Chi
cage Judge Prevents Further Pro-
ceedins in Matter by the
Government.

t...LAGO, Oct. ZS--Declaring that testi- |
ni.ny me packers were compelled to pro-
uuce before the secretary OF commerce and |
labor was used by United States District At |
torney Morrison in obtaining an indictment |
against the packers and alleging that mas |
much as the same issues as mentioned |
In the indictment were raised and disposed |
Of in an injunction writ issued by Federal |
Judge Grosscup. the packers who are under |
federal Indictment here, charged with IL /
legal conspiracy, today again attacked the |
famous so-called Beef trust" process. A |
special plea in bar and an additional special |
plea In bar were filed by counsel for the |
packers. The nature OF the special plea in |
bar was surprise to the government Of |
hcials, although they were aware of what
would be pleaded in the additional plea
the issuance OF an injunction by Judge |
Grosscup.
Object to Government Action.
. The special plea sets up assertion con-
cerning Investigations by the commissioner
Of corporation and alleges that the de-
fendants were compelled to testify and to
produce certain books and other data, and
that thereafter the matter was submitted
to the president of the United States, and
finally to the United States district at
torney here, and that the district attorney
used the material in seeking indictments
against the defendants. Because of these
alleged facts the defendants ask that the
indictment be dismissed.
Regarding the Grosscup injunction, the
plea filed today maintains that by the
prosecution OF the injunction and the entry
of a final decree by the supreme court
'the said United States of America did
finally and fully elect to pursue that
remedy, and not to prosecute the defendants
respectively for or on account of the said
supposed engaging In the supposed con-
splracies, which is in said indictment men
toned. or any or either of them, and that
Of this they respectively put themselves
upon tho country"
investigation is Set I'D.
The special plea in bar declares that the
Fifty-eighth congress of the United States
passed a resolution directing the secretary
OF coninetce and labor go investigate the
cause OF low prices in beef cattle and the
alleged unusually large margin between
cattle prices ap1 the cost OF dressed meat
TO the consumer. The secretary directed
the commissioner OF corporations to make
a diligent investigation, which, 1t is al
legged In the plea, he did. His investiga-
tion included. Rmong other things, the
transactions. matters and things averred
In the indictment. This investigation was
pushed in the following cities, among 9TH
ers Chicago, South Omaha, Kansas City,
No. Kansas City. Kan, Sioux City. Fort
Worth, ST. Joseph, Mo-, Los Angeles and
East St. Louis, Ill. Then it is alleged:
On March T. 1904. and on divers days there
afterwards and before the finding of the
Indictment the defendants at the aforesaid
mentioned places and at divers other cities
at the instance, direction, requirement and
compulsion of the commissioner OF corpora
tions did attend before him and testify with
respect TO the divers transactions, matters
and things directed 10 be investigated.
This defendant further says that on
March 5. 1905. and divers days thereafter
wards, the commissioner reported the in
formation so gathered to the president OF
the United States. and embodied It in a
volume containing SOL pages. entitled Re
,port Of the Commissioner of Corporations
\ ON SRP@ef Industry"
This ikNaled as exhibit A." and is made
Y part OF the pleas.
Ci.1im Constitutional Exemption.
Then II Is alleged that on March 90 1905,
the report. was furnished United States
District Attorney Bethea In Chicago and
that the facts contained as secured by
the commissioner OF corporations was used
by the district attorney and the grand
Jury in conducting the inv sstigation, re-
sulting in the returning of the indictment
by the special grand fury. and was also
used in preparing and searching out other
evidence used against the defendants, and
is now being used to search out evidence
to be used in the trial Of the, beef cases.
The special plea concludes with the follow
ing statement;
And this defendant AYERS and submits
that under and by the laws of the United
States in this behalf because Of the prem
ises aforesaid this defendant cannot be
prosecuted or subjected to any penalty or
forfeiture for or on account OF the re-
or any or either of them which are In
said Indictment or any count thereon In
that behalf mentioned and charged against
same are IN said Indictment and In the
respective counts thereof charged against
the defendant.
Therefore he prays judgment and that
by the court here he may be dismissed
and discharged from said premises In said
Indictment and each count thereof speci'
Samuel A. McRoberts. agent OF Armour
a Co, hled a separate special plea, n
which he seeks immunity because he tes
tined before the grand Jury which after
ward returned an indictment against him
Under a federal statute il is alleged nc
person shall be prosecuted in the case II
which he testified, II he is compelled 1,
testify against himself This plea is helC
to be good by many and. although it vii
be vigorously attacked by the government
II Is declared there is a likelihood OF tn
auashing OF the indictment in the cas-
OF McRoberts. The other pleas are no
held to be OF great importance by tn
government. District Attorney Morrison
4 has not yet decided what action to TAX
concerning them
bEnTau ron 0haAlIA NIIlIa0l