The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-07
BEEF TRUST CASES IN COURT.
APPEAL FROM JUDGE GROSSCUPS
INJUNCTION.
Counsel for the Defence Argue That II
the Decree stands All the Transactions
OF the Packers win BE Under the
Supervision OF the Federal Court.

OF the Packers win he Under tho
Supervision OF the Federal Court
| WARRINGTON, Jan. 6.-ArgumentB n
the so-oalled Beef Trust cases were begun
In the Supreme Court this afternoon, At
toruey Miller opening for Swift, Armour
and the other corporations against whom
the Government, obtained an injunction.
Attorney General Moody began the reply
OF the Government; but the adjournment
Of the court interrupted and he will con-
clude on Monday. Mr.. Miller Will then
follow with the closing argument.
The original bill filed by the Government
charged the beef packers In substance
with oonspiring to stifie competition In tne
buying OF cattle and the selling Of prQducte
and with receiving rebates from the ran
roads over which they we're shipped
The packers demurred to the bill, oN the
ground that buying cattle or selling prod
ucts was not interstate commerce; that
the bill was too general, and not specific
and that it showed no conspiracy Inc
demurrer was overrlled and an injunction
issued restraining the packers from agree
Ing not to bid against each other In buying
cattle or in fixing uniform price Tor
The present appeal Is from the issuance OF
that injunction by Judge Grosscup,
Mr. Miller attacked the bill Of complaint
and oontended that the charges OF CON
spiracy made we're not sufficiently spec1ilc
10 constitute legal Indictment for VIOLATIONS
OF the Sherman act. In every other case
under that law the acts alleged had been
shown to the court as distinct and express
agreement for the purposes OF Violation
Il,tl -. y L.. D. "A Al 10 ~
eminent asked the court to condemn the
defendants upon the mere charge and
epithet, without the allegation or proof
showing any violation OF the act. This
mode Of procedure. in his opinion, was q
msconcepuon Of the scope OF the sherman
act
II was remarkable situation for Federal
Court, he said, to undertake for all future
time TO regulate the conduct OF trade ana
industries which, according to the bill
itself, amounted to about 90 per cent. OF
the volume OF the trade in fresh meats
IL the decree stood then all the transactions
OF the packers in the future would IN a
measure be under the watchful eye ana
supervision of the Federal Court, which
was obviously not such a power or Juno
ton intended to be imposed omit by the
act -
IF this decree shall stand Mr.. Miller
asked. who shall hereafter regulate the
conduct Of defendants business Shall
they or shall the Federal court In equity!
Who shall regulate the interstate trade
and commerce which they may carry onF
Is it to be subject to regulation by Congress
or by the oourt?'
Acknowledgement Moody took up the
few minutes before the hour Of adjourn
ment To the contention that the bill was
multifarious the Attorney General SAID
that in bill of equity II was a matter en-
tirely within the discretion OF the court,
and no rule could be laid down. But the
purpose Of the present suit should be borne
in mind, which was TO discover and sup
press a conspiracy for the control OF one
Of the great necessities OF life, All parts
OF that suit were therefore necessarily
interdependent upon the other in dealing
with the different agencies through which
the monopoly OF that trade was accom-
plshed
Al 10 the allegation that the attempt
70 discover and produce heir books and
papers was n violaooa OF the Constitution,
in that j. compelled them to testify against
themselves. Mr.. Mood y said that that might
be true e. the time the suit vas brought,
but il was not good objection now. Upon
tho fling o. the bill Of complaint the packers
had three courses open to them, namely,
70 answer the hill. 10 Answer in part and
dernur in part. or ss they did. demur to the
entire bill. They had elected to stand or
fall on their demurrer and must abide by
that course. They could not now take
advantage of the constitutional rights
which they had already waived
The court at this point adjourned until
Monday