The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-02-22
JAIL CELLS FOR PACKERS
President Directs Action Under the
Sherman Law.

From The Journal Bureau, Colorado Building,
Washington.
:. Washington, Feb. 22-Finding that
speaking SOFTLY is futile when deal
ing with the beef trust, President Roose-
welt is now welding the big stick, and
the packers are to be prosecuted under
the Sherman law, with Jail penalty
hanging over them.
In his argument before the supreme
court when the Grosscup injunction case
was being heard, Attorney General
Moody said that if the government won
it's case the packers would be compelled
to comply with the injunction or suffer
the consequences. It was plainly un-
derstood that the government was will
ing to let bygones be bygones, provided
the packers showed disposition to obey
the law.
The packers have made no movement
toward obeying the injunction, which
was upheld by the supreme court about
a month ago. Hence the calling of tho
federal grand jury in Chicago and pro-
cefare, not under the injunction, but
under the Sherman law.
Criminal indictments are regarded as
certain, and convictions in the trials
expected. The penalty for each viola
ton of the Sherman law is two years
in the penitentiary and $4,000 fine, or
both. ~
The special grand jury was sum-
moned by District Attorney Bethea un-
der direct orders from Attorney General
Moody, who is CARRYING out the presi-
dents instructions to ''send the pack
ers to Jail. az The evidence which Mr..
Bethea has ready to submit to the grand
Jury has been submitted to the. presi-
dent and in detail to Attorney General
Moody in the course of several recent
| conferences.
Evidence Is Strong.
Both the president and Mr.. Moody
believe that the proof of the packers
guilt is absolutely conclusive and amply
| sufficient to insure convictions in the
most important cases. if not in all of
them.
After scoring such signal victory
| in the supreme court, Mr.. Moody did
not wish to take any chances Of q
defeat in the effort to enforce the law,
in it's letter and spirit, and he refused
i to allow Mr.. Bethea to proceed until
he was assured Of the suficiency OF
the evidence. AS the case stands now
Mr.. Moody believes it is complete.
His opinion is as confidently shared
by Judge Day, his personal assistant
in trust matters, and by Mr.. Bethea.
The evidence was secured partly by the
department of justice thru its own
agents, and partly thru the investigs-
ton conducted by Commissioner Gar
field. In the opinion of Mr.. Moody and
his assistant, it covers every point
which can possibly be raised by the
packers.
| Report Not Published.
With the summoning Of the special
i grand Jury at Chicago the reason TOR
/ Mr.. Garfeld's delay in sending the re-
1 port Of his investigation to the presi-
dent for transmission to congress be-
came apparent. Tho the report mas
been completed for some time, it has
been held back to prevent the packers
! from securing any advance information
Of the evidence against them. It y
probable that the report now will not
be sent to the president until after con-
press adiourns, and then will be re-
garded as confidential, as the trials can
NOT come up before March 4.
/ The evidence accumulated by Mr,
IGarfieId. or so much of it as may be
necessary TIC secure indictments, will be
presented to the grand jury, but its 'ex-
i act nature will not be divulged and the
4 hackers will be in the dark as to the ex-
II tent of the government case against
them until the cases are tried
What May Be Expected.
j The proceedings instituted by Mr.
4 Rethea are brought under the Sherman
4 ront;r,,od I'm 2d PAGE 3d Column &