The Topeka state journal., 1905-10-23
FIGHTING INCH BY INCH.
Tine Indicted Packers Give the Gov
ernment a Surprise.

Chicago, Oct. 28.-Declaring that
testimony the packers were compelled
to produce before the secretary of
commerce and labor was used by
United States District Attorney Nor
rison in obtaining an Indictment
against the packers. ana alleging that
fnasmuch as the same issues as men
toned in the indictment were raised
and disposed of in an Injunction writ
issued by Federal Judge GrOsscup,
the packers who are under federal in
dictment here charged with Illegal
conspiracy today again attacked the
famous sO-called beef trust pro-
cess A special plea in bar and an
additional special plea in bar We're
filed by counsel for the packers.
The nature of the special plea was
a surprise to the government officials.
although they were aware of what
would be pleaded in the additional
plea regarding the issuance of an in
junction by Judge Grosscup. The spe-
cial plea sets up assertions concerning
investigations by the commissioner OF
corporations and alleges that the de-
PENDANTS were compelled to testify and
TO produce certain books and other
data and that thereafter the matter
was submitted to the president of the
United States and finally to the United
States district attorney here, and tnat
the district attorney used this material
i'm seeking indictments against the de-
PENDANTS. Because of these alleged
facts the defendants ask that the in
dictment be dismissed.
Regarding the GrOsScup injunction
the plea filed today maintains that
by the prosecution of the injunction
and the entry of a final decree by the
supreme court fthe said United States
of America" did finally and fully elect
to pursue that remedy and not to pros
wrf-H~
for or on account OF the said supposed
engaging in the supposed conspiracies
which are in said Indictment men
toned, or any or either of them, and
that "Of this they respectively put
themselves upon the country
The special plea in bar declares that
the 5sth congress Of the United States
passed a resolution directing the secre-
fary of commerce and labor to inVesti-
gate the causes OF low prices in beef
cattle and the alleged unusually large
margin between cattle prices and the
cost o. dressed meat to the consumer
The secretary directed the commissioner
of corporations to make a diligent in
vestigation, which it is alleged in the
plea he did. His investigation included,
among other things, the transactions,
matters and things averred in the in
dictment. This investigation was push
ed in the following cities among others:
3
No. Kansas City. Kan. Sioux City,
Fort Worth, st. Joseph, Mo, Los An
geies and East st. Louis, Ill. Then it is
alleged:
The Packers Allegations
On March z, 1904 and on divers days
thereafterwards and before the finding
of the indictment the defendants at the
aforesaid mentioned places and at div
ers other cities at the instance, require
nd --r77r71r7ef0r1 of ar 8
sioner of corporations, did attend before
him and testify with respect to the
divers transactions, matters and things
directed to be investigated
This, defendants further say. that
on March 8, 1905. and divers day there
afterwards, the commissioner reported
the information SO gathered to the pres
ident of the United States and embody
it in a volume containing 35l para
graphs entitled 1.-THE report of the COM
missioner of corporations on the beef
industry"
This report is fled as exhibit A. and
is made a part of the pleas. Then it is
alleged that on March 20. 1905, the re-
port was furnished United States dis
trict Attorney Bethea in Chicago and
that the facts contained as secured by
the commissioner of corporations was
used by the district attorney and by the
grand jury in conducting the investiga-
ti0n resulting in the return Of the in
dictment by the special grand jury and
was also used in preparing and search
ing out other evidence used against the
defendants and is now being used to
search out evidence to- be used in the
trial of the beef cases. The special
plea concludes with the following state
ment:
And this defendant AYERS and sub
Enits that under and by the laws OF
the United States in this belief, be-
cause of the premises aforesaid, this
defendant can not be prosecuted OF
subjected to any penalty or forfeiture
for or on account of the respective
transactions, matters or things. or any
or either of them, which are in said
Indictment or any count thereof in
that behalf mentioned and charged
against this defendant in manner and
form as same are in said Indictment
and in the respective counts thereof
charged against the defendant.
Wherefore he prays judgment and
by the court he may be dismissed and
discharged from said premises in said
indictment, and express count thereoi
specified"