New-York tribune., 1905-01-05
ATTACKS BEEF TRUST.
Mr.. MOODYS ARGUMENT
Declares Meet Combination a Con-
spiracy IN Restraint of Trade.
FROM rHE TRIBUNE HUREAU.l


v1-osbirs,rcr Jen Attorney General Moody
TODAY submitted to the United States Supreme
Court the brief Of the government In the So
called .Beef Trust case. 1t arraigns swift q co.
and other members of the alleged combination
for violation of the Sherman Antitrust act
contendfng thar the methods Of the trust stine
competition and restrain trade In fresh beef
The condition Of the Supreme Court calendar IN
dicates that the arguments will be made oy the
first of next week
The Attorney General in the governments
brief mercilessIy denounces the methods OF the
trust and insists that conspiracy exists TO
control the markets OF the nation for fresh meat
He says in part,
1t may be remarked that judges have differed
as TO the validity Of aegregations OF capital ef-
fected by some form OF organic union between
several smaller and competing corporations, and
economists are far from agreeing that sucn ag-
gregations within limitations. are hurtfuL SO.
too. associations Of manufacturers 20 regulate
competition within a restricted area have not al
ways been condemned by courts, and have some
times been approved by publicists But mas a
responsible voice vet been heard 10 1ustHy'
legally or economically, conspiracy or agree
uent between nearly all the producers OF COM
modify necessary TO life, by which the conred-
crates ACQUIRE absolute control and dominion
over production sale and distribution or that
commodity throughout the entire territory or
nation, with the power at viii TO raise prices 70
the consumer Of the finished product and lower
prices to the producer Of the raw material!
Yet such is that now at Jle Oar OL IAAAS CO1A-
That there is a conspiracy to control the mar
ket of the nation for fresh meats, that II does
control it. and its control Is mereilsss ana op-
pressive are facts known or al men me oroad
question here is Does the governments petition.
with its statements OF facts standing unchal-
Ienged discover that conspiracy TO the court
We submit that 1t does. and that the decree OF
the Circuit Court should IN all things De cor
frmed.
The attorneys for the Beef Trust contend that
the business Of the defendants Of purchasing
livestock and selling the fresh meats produced
therefrom is not Interstate or foreign commerce
They also insist that the sales and deliveries OF
the trust. although to dealers in other States
| and Territories. properly to be considered as
domestic sales They further contend that the
fact that the sales are made with view to the
goods being transported by the buyers agent TO
another State after the sale and delivery ara
fully completed does not make the sale Interstate
commerce
This latter contention competent legal author
tiles regard as strikingIy similar TO the famous
Sugar Trust case. which was decided against
the government by the Supreme Court In 1oSo.
In that case the court held that. while the prod
ucts of the sugar rehneries were sold among the
several States and all the companies were an
gagad In commerce with the several States and
with foreign nations. this was no more than 70
saw that trade and commerce serve manuraosurs
TO fulfil its functions. The syllabus OF tia oo1-s
In this case was:
The American Sugar Refining Company COR
poration existing under the laws OF NeVT-Jsrssy'
being in control Of large majority or the man
ufactorfes OF refined sugar in the Untted States
acquired through purchase OF stock n Tour
Phila deIphia refnerfes, such disposition over
those reflneries throughout tha United SrarAs As
gave II a practical monopoly OF the ouslnsss.
Held that the result OF the TRANSACTION vas
the creation OF a monopoly IN the manrracSI-e
of a necessary OF life, which could not % sup
nrassed under the provisions OF the set II ths
NODE attempted IN this suit, and that the Ac-
quisitfon Of the Philadelphia refnertes oJ Nsw-
Jersey corporation and the business OF suFE
refining in Pennsylvania bear no direct relation
10 commercs between the 5tatas or with rors&gn
nations
The parallel is drawn between the msnuracr-
ure Of sugar and the slaughter OF beef The
products OF both industries were subsequently,
subject to Interstate commerce. but, tt ts alleged
not within the prohibition OF the ArttTrnse law