New-York tribune., 1905-01-07
BEEF TRUST CASE UP.
Counsel for Packers Heard-Mr.
Moody Begins HIS argument.

Washington Jan. 6-Argument IN the case of
Swift & co. against the United States, known s
the Beef Trust conspiracy case, was begun in the
Supreme Court of the United States to-day by John
S, Miller, of Chicago in behalf of the packers He
attacked the bill OF the government insufficient
in its failure to allege facts necessary TO consti
tute cause of action. and said that the charges
made not facts but conclusions of law; that the
commerce charged is not interstate foreign COM
merce, and that even If it were interstate COM
merce. the facts given constitute violation OF
law He said an injunction had been prayed for and
secured from the United States Circuit Court for
the Northern District of Illinois, under the Sher
man Antitrust act. and, quoting the decree of the
court making the injunction permanent, said 1t
merely adds the prohibition 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 presents in
reference In business such as has never before
been undertaken. The charges he said were Of the
most general character and did not specify time
and place. He did not believe therefore, that the
charges could stand. and he quoted the indictments
In the whiskey to show that charges much
more specific than are here made were considered
insufficient
1T is alleged" interrupted Justice White. that
your clients agents combined to refrain from bid
ding in order to put prices down and again agreed
been specification Of hour and plae99er, e9I 1. -.
government had these facts. why should 1t not
have given them2
Justice Harlan and Mr.. Miller replied in the mega
tive, saying that the defendants had filed a de-
murrer in the case He said that If the packing in
dustry could be nterfered with proposed In this
case, the manufacturing Industries could be SINH
arly regulated and thus you will find. he added,
the federal courts regulating a considerable
part of the commerce of the country. He con-
tended that interstate commerce Is involved, be-
cause the business OF the packers, including the
purchase Of cattle and the sale of meat Is confined
10 Chicago The shipment, he said. Is no part OF
the purchase or sale.
Explaining the economic situation, Mr.. Miller
and owing to the necessity for maintaining
proper supply OF acceptable article there should
be some understanding among the packers. This
is, he said perfectly legitimate, and the govern
ment itself might properly assume this super
vision. The cattle supply is not regular
the demand. and TO this fact he attributes the
huctuaion In prices
When Mr.. Miller closed his argument Attorney
General Moody began. It idle, he said, 10
discuss the contention that the charges of the bill
not connected with one another Be that he
added 1t may, the purpose Of the suit is single.
and all the separate parts OF the bill interda-
also maintained the conSututtonality Of the PRO-
vision Of the bill asking for discovery Of the books
of the packers.
Mr. Moody had scarcely begun when the court
adjourned till Monday.
At the beginning OF Mr.. NIiler's presentation OF
the he was interrupted by Justice Holmes.
who said that he held stock in the old Union
Stockyards in Chicago apd also in the Kansas City
yards. and inquired If they were involved in the
case.
Mr. Miller replied that they were not