The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1905-02-03
DECISION A SWEEPING ONE
EVERY CONTENTION OF GOVERN.
MENT UPHELD BY HIGHEST
TRIBUNAL.
WILL SEND PACKERS TO JAIL
MOODY WILL At ONCE BEGIN
PROSECUTIONS FOR VIOLA.
TIoNs OF LAW.

Washington, Feb. 1. - The United
States supreme court, by unanimous
opinion, yesterday handed down a de-
cision sustaining the lower courts in
the beef trust injunction case. It is
sweeping victory for the government.
OF equal if not greater importance
was the declaration of the court in dis.
cussing one feature Of the beef trust
case, that government by injunction
Is unjust and illegal. No man, accord
ing to this view, can be restrained by
Injunction from violating the law.
Punished for Violations.
The principle on which this con-
clusion is based is that the law pro-
vides punishment for those who vio-
late it, and there can be no Injunction
issued through which man or corpor-
alton is restrained from violating the
law, bringing him up for punishment
merely for contempt of court. The
punishment must come for the VIOLA
ton of the law after the law has been
violated.
The decision Of the beef trust case
is regarded as sustaining every con.
tention Of the government. While an
opinion of the court cannot be retro
active, it Is held by lawyers that all
members Of the trust who have vio-
lated the Injunction since its issuance
by Judge Grosscup are liable to prose.
cution now, and are not protected by
the case being pending, awaiting de-
cision.
On Original Packages.
The opinion of the supreme court is
based chiefly on three points, which
will hereafter prohibit the beef trust
from doing these things:
First-Operating as combination
to prevent competition for the pur'
chase Of cattle. This will benefit
farmers and shippers Of cattle. In his
argument Attorney General Moody
held that steer delivered at the stock
yards in Chicago is an original pack
age under the interstate commerce
act.
Second-Effecting combination to
control the selling price Of meat prod
ucts. This will benefit consumers.
Must Be No Discrimination.
Third-Combinatio between the
packers and railroads by which dis
eliminating freight rates can be OBJ:
tanned. This will benefit both the ship
pers and consumers.
The court held that these firms
shipping their products in private cars
are entitled to some reduction in rates
because of that fact, but when using
the cars Of the railroad there must be
no discrimination.
The opinion, prepared by Justice
Holmes, is long and goes t::;;':' iato all
features of the case. H.. :rA!.es clear
all the notifications to the Injunction
of Judge Grosscup.
Will Send Packers to Jail.
With this unanimous decision of the
supreme court, affirming and strength
ening Judge Grosscn;'s injunction, at
his back, Attorney General Moody has
started out to send the packers to Jail
for their continued violation of the
law. He hopes to- succeed through the
testimony of-agents of the trust, who
have obeyed it's orders in the purchase
Of live stock and the sale of meats.
Further than this, it is intimated
that one of the members OF the beef
combine may turn states evidence and
furnish the proof to convict all of the
other packers.
Will Try to Convict.
While Mr.. Moody is well aware that
the trust fagrantly and persistently
has violated the law, he realizes that
it will be difficult matter to prove it
in court without the development of
treachery in the camp OF the packers.
However, he is determined to exert
every possible effort to secure convic.
lions, with or without the incrimina.
ting evidence which now is only vague.
ly limited at. If he succeeds in produc.
ing enough to convict the packers he
will demand their imprisonment.
Whether or not he succeeds in send.
ing the packers to jail, Mr.. Moody is
determined that the trust shall be eff
fectually broken up and competition
restored, in the purchase of live stool,
and the sale of meats. This much, at
least, he believes can be accomplished
He can make endless trouble for them
He will proceed against them for VIC
lating the Sherman law, for which the
penalty is a fine Of $4,000, and impris
onment for two years. ,s:s5:
Suicide With Razor.
Webster City, Iowa, Feb. Francis
O'Connor committed suicide yesterday
by cutting his throat from ear to eai
with razor. He was sleeping in bed
with his father at the time. He was