The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-01-07
FAMOUS HALF ACRE
UP FOR ARGUMENT
Attorney Miller Argues for the
Packers
JUSTICE HOLDS STOCK
Mr.. Holmes Interrupts to Say That He
Is a Stakeholder In the Old
Union Stock Yards at
Chicago.
JUSTICE HOLDS STOCK

Washington, January 6.-Arguments in
the case of Swift & c 0. against the
United States, known as the beef trust
conspiracy case" was begun before the
supreme court of the United States to-
day by Attorney John S. Miller of Chi
eago, in behalf of the packers. He argued
that the bill of the government as in
sufficient in its failure to allege facts
necessary to constitute a cause of action
and said that the charges made are not
facts but conclusions of law that the
commerce charged is not Interstate or
foreign commerce and that even II it
be Interstate commerce the facts given
constitute no violation of law
He said that an injunction had been
prayed for and secured from the United
States circuit court at the northern dis
trict of Illinois under the Sherman anti
trust act and, quoting the decree of the
court making permanent the injunction,
Mr.. Miller said it merely adds the pro-
hibition of the court to that OF Congress,
leaving the packers to ascertain whether
individual acts will be in contempt of the
courts order. He contended that the case
presents an interference in business such
as never before has been undertaken and
the charges he said are of the most gen-
eral character and do not specify time
and place. He did not believe. there
fore, that the charges could stand at
all and he quoted the indictments in the
whisky cases to show that charges much
more specific than are here made were
considered insufficient.
Should Have Been Specified.
ut is alleged interrupted Justice
White, that your clients agents COM
bined to abstain from bidding in order to
put prices down and again agreed to
put them up; do your think there should
have been a specification of hour and
place"
Yes, your honor" responded Mr.. Mil
Ter. IF the government has these facts
why should it not have given them?'
did you ask for bill of particulars?"
inquired Justice Harlin and Mr. Miller
replied in the negative, saying that the
defendants had filed a demurrer in the
case.
dustry could be interfered with as pro-
posed in this case the manufacturing In
dustries could be similarly regulated, land
thus you will find" he added, 1.-THE fed
eral court regulating a considerable part
OF the commerce of the country
He contended that there is no Interstate
commerce involved because of business
of the packers, including the purchase
OF cattle and the sale of the meat is
confined entirely to Chicago. The ship
ment, he said Is part of the purchase
or sale.
Demand Is Fairly Uniform.
Explaining the economical situation Mr..
Miller said the demand for fresh meat
Is fairly uniform, and, owing to the
necessity for maintaining a proper sup
ply of an acceptable article, he said
there should be some understanding
among the packers. This is, he said per-
| fectly legitimate. and the government
itself might properly assume this super
vision.
The cattle supply is not so regular as
the demand and to this fact Mr.. Miller
attributed the Fluctuations in prices.
When Mr.. Miller concluded Attorney
General Moody began. 1t was Idle, he
said, to discuss the contention that the
charges of the bill are not connected one
with the other Be that, he added as
II may. the purpose of the suit is single
and all the separate parts are inter-
erd. He also maintained the constitution
| Atty of the provision of the bill ask
ing for the discovery of tie books of the
| packers.
Mr.. Moody had scarcely begun when
court adjourned until Mond~y
| At the beginning of Mr.. Millers pre-
So ntation of the case he was interrupted
| b., Justice Holmes who said that he is
| the holder of stock in the old Union
| Stock Yards in Chicago and also In the
Kansas City yards, and asked II they
were involved In the case.
Mr.. Miller replied that they were not
|
! ricultural lands in the state The con-
templated line is 100 miles from Crossville.
| through Chattanooga and straight
towards Birmingham. The project Is said
TO be backed by Chicago capital which
has immense timber, ore and coal hold
ings in the state.
| b NJ, Starks, recently appointed gem
| eral manager of the Louisville and Nash
VILE has been in St. Louis inspecting
the terminals. He was accompanied by
Superintendent Fitzgerald. Mr.. starks
| will go over the system of the road as
rapidly as possible
| Rumors that there may be soon an in
crease in the stock of Louisville and
| Nashville have been temporarily set at
rest. 1t is considered more likely that
Louisville and Nashville may at some
| future date want to issue more bonds
rather than new stocks to round out the
plans of the present control.
The Wall Street Journal says:
| The November and five months reports
| of louisville and Nashville earnings sus-
| tain the action of the board of directors
| in increasing the semi-annual dividend
from "a TO per cent.
| An increase in the November expenses
of $293. S47 is overcome by the correspond
| ing increase of s3a3, 65S in the gross leav
ing net increase of S5O,Sl1 for the month.
Comparisons for the five months make
a still better argument for the better
action of the board in increasing the
rate. The increase in expenses for the
| five months period was only s25,156 as
| compared with the corresponding period
| in 1903, whereas the increase in gross
was $513, 766 and the net increase was
| sass, 61O over the first five months of the
| fiscal year of 1903.
| The five months net is greater than
| for any corresponding period in the last
| four years, and it may be taken as a
| clineher TO the proposition that Louisville