The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-01-31
BLOW TO W'RITS IN
BEEF TRUST CASE.
Supreme Court Forbids Packers
Combine, but Also Hits mjunc-
tions Against Law-Breaking.

Washington, Jan. 3l.-The United
States supreme court g decision sustain
ing the lower courts in the beef-trlst
case is q sweeping victory
for the government.
Of equal, if not greater, Importance
was the declaration of the court, in
discussing one feature Of the beef-trust
case, that government by injunction is
unjust and illegal. No man, according
junction from violating the law.
Those interested in labor organiza-
tions regard this phase of the decision
as triumph for them, the contention
having always been made that strikers
could not be restrained by injunction,
and then punished for contempt Of
court. 49, .s
It is also considered blow to trusts
and great corporations, as their most
potent weapon in recent years has been
the injunction granted against organ
lied labor.
Text of Decision.
The language Of the decision which
was directed against government by in
junction follows: =.
eve equally are bound by the first
principle of justice not to sustain a
decree so vague as to put the whole con-
peril Of summons for contempt.
"We cannot issue a general lnjunc-
tion against all possible breaches Of the
law. We must steer between these op-
posite difficulties as best we cam
This feature of the opinion leaves the
beef trust free to violate. the law. The
restraint imposed by Judge Grosscup's
injunction, that members Of the trust
must not violate the law, is dissolved.
The trust is. only enjoined from doing
certa in specific acts, but the violation
Punished for Violations
The principle on which this conclu-
sion is based is that the law provides
punishment for those who violate it,
and there can be no injunction issued
thru which a man or corporation is re-
strained from violating the law, bring
ing him up for punishment merely for
contempt of court. The punishment
must come for violation of the law af-
ter the law has been violated.
A large number Of injunctions have
been granted by the courts in all sec
CARNATIONS and strikers enioining them
from violating the law. This has been
designated government by injunction.
Thru it's use it has been possible to
bring strike leaders and others before a
court where they may be sentenced for
contempt.
The decision of the beef trust case is
regarded as sustaining every contention
Of the government. While an opinion
of the court cannot be retroactive, it is
held by lawyers that all members of the
trust who have violated the injunction
since its issuance by Judge Grosscup are
liable to prosecution now, and are not
protected by the case being pending,
awaiting declsion.'
An Original Package. ~.
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 tor the purchase Of
cattle. This will benefit farmers and
shippers of cattle. Tn his argument be.
fore the court Attorney General Moody
yards in Chicago is an original package
under the Interstate commerce at.
f. Second Eff Getting a combination to
control the selling price Of meat prod
ucts. This will benefit consumers.
T., Third Combinations - between the
packers and railroads by which dis.
eliminating freight rates can be OBJ
tanned. This will benefit both the ship
pers and consumers. ::
The court held that these firms ship
ping their products in private cars are
entitled to some reduction in rates be.
cause of that fact, but when using the
cars of the railroad there must be nc
discrimination.