The herald-advance. (Milbank, S.D.) 1890-1922, 1905-02-03
BEEF COMBINE
LOSES HS.CASE
UNITED STATES SUPREME COURT
DECIDES AGAINST THE
PACKERS.
MCISI0N A SWEEPING ONE
EVERY CONTENTION OF GOVERN
MENT UPHELD BY HIGHEST
TRIBUNAL.
MCISI0N A SWEEPING ONE


Moody WILL At ONCE BEGIN
PROSECUTIONS FOR VIOLA
TONS OF LAW.
Washington. Feb. /. - The United
states supreme court, by a unanimous
opinion, yesterday handed down a de-
dsion sustaining the lower courts in
the beef trust Injunction case. 1t is a
Of equal If not greater importance
vas the declaration of the court in dis
tussing one feature of the beef trust
tass, that government by injunction
IS unjust and Illegal. No man, accord
Ing to this view, car be restrained by
Injunction from violating the law.
Punished for Violations.
The principle on which this con-
elusion is based is that the law pro-
vides punishment for those who vio-
late it, and there can be no injunction
issued through which a man or cOrpor-
alton is restrained from violating the
law, bringing him up for punishment
merely for contempt of court. The
punishment must come for the viola
ton of the law after the law has been
violated.
The decision of the beef trust ase
is regarded as sustaining every CON
tention of the government. While An
opinion of the court cannot be retro
active, it is held by lawyers that all
members of the trust who have vio-
lated the Injunction since it's issuance
by Judge Grosscup are liable to prose
cution now, and are not protected by
the case being pending, awaiting a de-
ciSiOn.
On Original Packages.
The opinion Of the supreme court is
based chiefly on three points, which
will hereafter prohibit the beef trust
from doing these things;
First-Operating as a combination
to prevent competition for the pur'
chase of cattle. This will benefit
farmers and shippers Of cattle. In his
argument Attorney General Moody
held that a steer delivered at the stock
yards in Chicago is an original pack
age under the interstate commerce
act.
Second-Effecting a combination to
control the selling price Of meat prod
ucts. This will benefit consumers.
Must Be No Discrimination.
Observation-Disclosures between the
packers and railroads by which dis.
eliminating freight rates can be OBJ.
pers and consumers.
The court held that these firms
shipping their products in private cars
are entitled to some reduction in rates
because of thai fact, but when using
the cars of the railroad there must be
no discrimination.
The opinion, prepared by Justice
Holmes. is long and goes fully into all
features of the case. He makes clear
all the notifications to the injunction
of Judge Grosscup.
Will Send Packers to Jail.
With this unanimous decision of the
supreme court, affirming and strength
ening Judge Grosscup's injunction, at
his back. Attorney General Moody has
started out to send the packers TO jail
for their continued violation OF the
law. He hopes to succeed through the
testimony of agents of the trust, who
have obeyed it's orders in the purchase
of live stock and the sale Of meats
Further than this. it is intimated
that one of the members Of the beef
combine may turn states evidence and
furnish the proof to convict all of the
other packers.
Will Try to Convict
While Mr.. Moody is well aware that
the trust f%agrantly and pe~rsistently
has violated the law. he realizes that
It will be a difficult matter to prove it
in court without the development OF
treachery in the camp OF the packers.
However. he is determined to exert
every possible effort to c convic-
tons. with or without the incrimina-
ting evidence which now is only vague
ly limited at. If he succeeds in produc-
ing enough to convict the packers he
will demand their Imprisonment.
Whether or not he succeeds in send
ing the packers to Jail, Mr.. Moody is
determined that the trust shall be ef-
fectually broken up and competition
restored in the purchase of live stock
and the sale of meats. This much, at
least. he believes can be accomplished.
He can make endless trouble for them.
He will proceed against them for vio-
lating the Sherman law, for which the
penalty is a fine OF $4,000 and lmpris-
Onment for two years.