Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1905-01-13
"BEEF TRUST" CASE BEGUN
Supreme Court Hears Argument Of the
Packers.
COMMERCE IS NOT INTERSTATE?
Mr.. Miller Attacked the Bill Of the Government
as Insuffic ent Ia Its Failure to Allege Facts
Necessary to Constitute Cause OF Action,
and Said That the Charges Made Are Not
Facts, But Conclusions OF Law.

Washington, D. c. (Special) .-Argu-
ment in the case of Swift & Co. against
the United States, known as the Beef
Trust conspiracy case" was begun be-
fore the Supreme Court OF the United
States by Attorney John S. Miller, OF
Chicago, in behalf of the packers
Mr.. Miller attacked the bill of the
Government as insufficient in its failure
to allege facts necessary to constitute
a cause of action, and said that the
charges made are not facts but conclu-
sions of law; that the commerce charged
is not interstate or foreign commerce,
and that even if it be interstate COM
MERGE the facts given constitute no vlo-
lation of law.
He said that an injunction had been
prayed for and secured from the United
States Circuit Court ior the Northern
District of Illinois under the Sherman
Antitrust act, and quoting the de-
cree of the court making permanent the
Injunction, Mr.. Miller said it merely
adds the prohibition of the court to that
Of Congress, leaving the packers to as
certain whether individual acts will he
in contempt of the courts order. he
contended that the case presents an III
reference in business such as never be-
fore has been undertaken. The charges,
he said are of the most general char
acter and do not specify time and place.
He did not believe, therefore, that the
charges could stand at all, and he quot
ed the indictments in the whisky cases
to show that charges much more spe-
cific than are here made were conSld-
cred insufficient
at is alleged" interrupted Justice
White, that your clients agents COM
bined to refrain from bidding in order
to put prices down, and again agreed
to put them up. Do you think there
should have been specification of hour
and place."
Eyes, your Honor" responded MIR.
Miller. eff the Government had these
facts, why should it not have given
them?"
did you ask for bill of particu-
lars?" inquired Justice Harlan, and Mr..
Miller replied in the negative, saying
that the defendants had filed demurrer
in the case.
Mr.. Miller said that if the packing
! industry could be interfered with. as
proposed in this case, the manufacture
ing industries could be similarly regu-
lated, "and thus you will find" he add
ed, 'the Federal courts is regulating a
considerable part of the commerce OF
the country"
He continued that there is no inter
state commerce involved because the
business of the packers, including the
purchase of cattle and the sale of meat
is confined entirely to Chicago. The
shipment, he said, is no part of the pur-
chase or sale.
Explaining the economic situation
Mr.. Miller said the demand for fresh
meat is fairly uniform and that owing
to the necessity for maintaining a prop
er supply of an acceptable article there
should be some understanding among
the packers. This is, he said, perfectly
legitimate, and the Government itself
might properly assume this supervision
The cattle supply is not so regular as
the demand, and to this fact he attrib-
uted the huctuation in prices.
When Mr.. Miller concluded Attorney
General Moody began. 1t was idle, he
said, to discuss the contention that tht
charges of the bills connected one witt
another. Be that he added, as it may
the purpose of the suit is single ant
all the separate parts of the bill are in
dependent for the accomplishment o.
that end. He also maintained the con
stitutonality of the provision Of the bill
asking for discovery of the books of thu
packers.