New-York tribune., 1905-07-02
BEEF MEN INDICTED.
Continued from first page.

ties to be curtalled anu IestiiS'S" "--O'
necessary to maintain the prices so hxed'
Fourth-The United States was divided up INTO
territories among the defendants, and eacn coin-
panv was to keep its own territory without IN
| terference by the others.
Fifth-There division as TO the Foluiiie
of trade allowed to each defendant IN given
market If one packer sold more than MS per
centage during a, given week ne was ooiiseu "
nay an "ante" of much a hundred"elehe' g"
cording to the territory in which the Matter "
,,rrad into a pool to cover the excess OF safes
and this fund was divided among inc p'0h
who fell short in their sales
Sixth-Certain corporations; namely the <H'
m Trading Company and the Oppenheifner
rapufacturing Company, were to be appohi'eu
exclusive agents of the defendants to hahdAe
sausage castings and containers, and those COM
panies we're to make arrangements WIN
several concerns which had been hapuiiiis 'u'i
| ar.ba,dise i'm the markets of the world for
working in harmony and controlling the output
and price of the merchandise rms schehle IA
ol,,od tho destruction or "tanking' of large
Quantities of castings whenever the supply was
too great The Kenwood Company, announcer
.ro +io,, was to handle oleo oils and products
~, substantially the same lines, excepting thal
+bera was TO be no destruction Of these COM
,,odities These agents of the packers were
also to make contracts with small packing coii-
Germs throughout the country for taxing 'heh
output of castings, and these casings were ei'ioi
i to. he DESTROYED or handled in connection Win
the goods of the packers
| The fourth count charges that the same deai-
i,ss mentioned in the third count as being IN
restraint of trade and commerce constltu'eo an
offence on the part of the packers to mohopoli%e
such trade and commerce.
The fifth count specifically covers the nan
ding of the by-product5, castings and contain
ers also stocks stearine and oils, and describes
conspiracy in restraint of trade, to be effect
i've in the same way as set forth in the third
count with reference to all OF the products
mentioned
The sixth count charges the castings con-
spiracy to be attempt to monopolze trace
and commerce in that commodity in the United
States and in foreign countries.
The seventh count sets forth particulars coll
! cerning the organization Of the National Pack
ing Company and charges that the object and
! the effect of that organization were to destroy
competition not only among the packers who
were interested in the National Packing Com
i pany, but among the ten smaller packing com
panies which were consolidated by the device
of organizing the National Packing Company;
and this is described a conspiracy in restraint
of trade and commerce lt5@s yslsr.
The eighth count makes out the organization
| of the National Packing Company to be an at
| tempt to monopolize the trade and COM
merce.
CHARGED WITH CONSPIRACY.
| The indictment against Messrs. Well, Cusey.
| Todd and Skipworth of Schwarzschild & Sulz-
berger. charges that on February B. 1908. the
| four men conspired, with others to the jury
| unknown to commit an offence against the
| United States by soliciting and accepting for
schwarzschild & Sulzberger rebates from the
Michigan Central Railroad Company the Chi
| cago Rock Island and Pacific, the Grand Trunk,
| the Lehigh Valley, the Boston and Maine and
the Mobile and Ohio railroad companies large
, sums Of money. as rebates of the money paid
! and to be paid by Schwarzschild & Sulzberger
| for the transportation of goods.
A specific case was mentioned against Cusey,
| as having occurred on January %, 1901 when,
1t is said, he presented to the Michigan Cen
! trail Railroad a claim for rebates in favor of
schwarzschild & Suzberger, which claim was
| numbered 1O519 by the packing company and
P1GT 259 by the Michigan Central, amounting
| TO $2976 80. A number of other cases, similar
| in character were mentioned against Cusey and
| the other three Appended to the indict-
| ment was copy of letter alleged to have been
written May 49, 1904, by Cusey to Mr.. Bircheet
| assistant general freight agent of the Mobile and
| Ohio. in which he declared that such business
/
the railroad had been diverted until the COM
nanv should receive more consideration from the
! railroad.
O. H Pagin, assistant attorney general, said
| in exclamation of the indictment:
! The indictments are based on the act of Con-
eress approved July . 1890. popularity known
as the Sherman Antitrust law. The first
! ton of this act makes it offence for any per-
! son or corporation to engage in any combina-
| ton in the form of trust or otherwise, or con-
| spiracy in restraint of trade or commerce among
| the several States, with foreign nations Sec
! ton makes it offence to monopolize or at
! tempt TO monopolize any part of such trade or
! commerce, the penalty under each section in
case of conviction is a fine, not exceeding $1,000
! or Imprisonment not exceeding year, or both
! in the discretion Of tho court.
OF course a corporation could not be impris
! oned, and in this direction the punishment by
fine Is all that apply. In all other respects
} corporations, which are artificial persons stand
| in the same attitude as individuals under this
law.
THE question to what constitutes trust
| is not thoroughly settled. Some authorities in
! olude in the definition of a trust the idea of
placing stocks of different corporations in the
hands of another corporation. be held in
trust and managed without the interference of
the separate corporations which are thus put
in combination.
''If this is the correct definition of trust the
defendants with having formed trust, there
packing companies are held in trust for the pur-
po=es Of management.
.'It is true that the stock of ten smaller pack
inc concerns previously running in opposition