Arizona republican., 1905-07-02

fifth count specifically covers the handling of the by products. castings
 and containers, oIeo stocks. stearine
 and oils and describes a conspiracv Tn restrain of trade to be effective in
 the same way as set fourth in the third
 count with reference to all products mentioned
 The sixth count charges the castings conspiracy to be an attempt to mon opolize the trade and commerce in that commodity in the United States and in foreign countries.
 The seventh count sets fourth the particulars concerning organization of the National Packing company and charges that the object and effect of that organization was to destroy com petition not only between the packers
 who were interested in the National
 Packing company, but between the ten smaller packing companies which were consolidated by the device of organ
 iZing the National Packing company, and this is described as a consp:racy in restraint of trade and commerce. The eighth count makes the organiza-
 ton of the National Packing company to be an attempt to monopOlize the same trade and commerce. The tenth count relates to similar actions in con nection with meats and by products.
 The indictment against Veil Cusey. Todd and SkipwOrth of the Schwarz- child and Sulzberger company charges that on the third day of February 1903. these four men cOnspired with others to the jury unknown, to commit an offense against the United States by soliciting and accepting for the Schwarzschild and Sulzberger com pany from certain railroads large sums of money as rebates of the money paid and to be paid by SchwarzschiId and Sulzberger for the transportation of goods.
 A specific case was mentioned against Cusey as having occurred on Jan. 22, 1904 when it is said he pre- sented to the Michigan Central claim for rebates in favor of Schw arzschiId and Sulzberger which claim was num- bered 10,519 by the packing company and P-167,259 by the Michigan Cen tral amounting to s2,976,O8O. A num- Der of other cases similar in character were mentioned against Cusey and the other three men. Appended to the in-, dietment was copy of a letter aIeg- cd to have been written on May 15. 1904, by Cusey to Assistant General Freight Agents Brchett. of the Mobile and Ohio, in which he declared that such business as Schwarzschild and Sulzberser had been giving the rail- road had been diverted until the com pany received more consideration from the railroad.
 Assistant Attorney General O. H. Pagin said in explanation of the in dictment: The indictments are based upon the act of congress approved July ?, 1S90 popuIarIy known as the Sherman antitrust law. The first section of this act makes it an offense for any person or corporation to en- sage in any combination in the form Of trusts or otherwise, or in a conspir- acy in restraint of trade or commerce among the several states, or with for eign nations. Section makes it sn oftense to mOnoplize or attempt to any part of such trade or The penalty under each section in case of conviction is a fine not exceeding 5000 or imprisonment not exceeding one year, or both, in the discretion of the court. Of course, -he corporation could not be imprisOn- ed and in this direction the punish nent by fine is all that can apply. In Ill other respects the corporations which a,e artificial persons stand in he same attitude as individuals un- fer the law"