The Saint Paul globe., 1905-01-10
THR[Sn OUT BEEF
TRUST QUESTION
Attorney General Moody and
Counsel Miller Talk to Ma
tionaI Supreme Court


WASHINGTON, D. c., Jan. At
torney General Moody today finished
his argument on behalf of the govern
ment before the supreme court Of the
United States in the case of Swift &
Co. VS.. The United States, commonly
known as the beef trust case, begun
last Friday.
Mr.. Moody said none of the agree
ments or acts complained of related
to manufacture or production, but to
ommerce-eommerce as distinguished
from manufacture or production. They
do not accomplish fusion of property
interests, he said, but are, on the con-
trary, simply agreements between
strangers to each others business af-
fecting their freedom of action in Ger
tain respects. The inquiry is narrowed
down to only two questions for the
determination of the court-whether
the commerce in the case was COM
merce among the states, and if so,
whether the agreements constituted a
monopoly of any part of 1t.
Mr.. Moody argued at great length
in support of the affirmative of. both
these questions, considering every point
in detail Then he wound up:
Attorney Generals Conclusions
81 have now discussed separately all
the agreements and acts of the defend
ants which were complained of as un-
lawful in the petition and enjoined by
the decree of the court below. l have
endeavored to show that they relate to
Interstate commerce and either re-
strained it or monopolized it within
the meaning of the law. l should be
unwilling, however, to rest the case
here. There is larger view Of it to
be taken than appears from the allie
cations in the petition considered sep
arately. These defendants are en-
gagged in interstate commerce. The pc
tition shows typical case Of interstate
commerce. If the business which they
do, exclusive of manufacture, is not
interstate commerce, there can be no
such thing outside of transportation
They buy their raw material, which is
gathered together from all the cattle-
raising states and territories Of the
Union, and sent to the great live stock
markets of the country
After they have transformed that
material into the finished product, they
sell it throughout the United States.
The combination which they have en-
tered into is designed to restrain all
their business transactions, exclusive
of manufacture. by the suppression of
all competition therein, both In their
purchases and their sales, by the fix
ing and maintaining of uniform prices
for their product, and SO far as pOSsi-
BILE. uniform prices for their raw ma
terial; and by obtaining such unlawful
advantages as tend to create a mo-
nopoly in a necessity of life. They can
not be permitted ingeniously to sepa-
rate the various steps of their under
taking and so deal with them that they
can be regarded as purely state trans
actions"
Last Word for Packers
Mr.. Moody was followed by Mr.. Mil
Ter, who closed the case for the pack
ers. In all other cases of like charac-
ter there had been distinct agree
ment, but here, he said, the charges
were all general and the specifications
indefinite conclusions of law or epi-
thets. He said cattle remain in the
yards until sold and accordingly were
property of the state for taxation and
other state purposes. Hence the pur-
chase must be considered an act of do
meStic commerce No commerce be-
tween the states was involved.
Justice White asked a question as to
the effect Of agreement to fix the price
of meat in another state, but Mr.. Mil
Ter contended that the charge in the
pending case did not go so far as that.
With reference to the charge that the
packers bid up prices at certain places
in order to cause increased shipments,
Mr.. Miller said if this was true it was
evident that cattle growers would send
to more desirable markets and thus
cheat the packers of the end sought.
Mr.. Miller contended for the right of
the defendants to definite specifica-
tions. The purpose of the Sherman bill
was to encourage trade and not to
shackle it, but if injunctions were to
be granted on such pleas as that be-
fore the court, then the end sought
surely would not be attained.