The Montgomery advertiser., 1905-01-31
BEEF TRUST
 LOST CASE Lower drt Decision
 ,S.flrmed. HoLsf MADE DECISION Ad tted Charges We're Not Specific Enough. Attorney General Moody Says That He Hopes Decision VIII Curb Un-
 lawful Acts of the
 Great Trusts.

Washington, Jan. 30.--The supreme Court of the United States decided the case of the United States vs. Swift x Co. known as the beef trust, charg- ing conspiracy among the packers to fix prices on fresh meats. etc. The opinion was handed down by Holmes and affirmed the decision of the court below. which was agalnst the packers. Unusual interest Is attached to the case. not only because of the impor- tance of the trades represented. but on account of the fact that 1t may es- tablish a precedent in similar cases that are to follow.
 ' In his opinion Justice Holmes dis cussed at length the various conten- tions of the packers and disposed of them individually. He admitted that some of the charges were less specific tha ndesirable, but said this was nec- essarily true on account of the vast extent of tn efield covered. He added that sufficient cause had been shown to prove continued offences and an of fence of such nature to justify the proceedings. The opinion continued the injunction granted against the packers under the sherman antitrust law by the lower courts. The opinion was c6ncurred in by all the members of the court. 1.--- Is.
 Further suggestions looking to the modification of the injunction were made as follows:
 'No objection was made on the ground that 1t Is not confined to places specified in the bill. It seems to us, however, that It ought to set forth more exactly the transactions in which such directions and agreements are forbidden. Tho trade in fresh meat re- ferred to should be defined somewhat as 1t is In the bill and the sales of stock should be confined to sales of stock at the stock yards named, which stock is sent from other States to the stock yards for sale or is bought at these yards for transport to another State"
 In speaking of the decision today of the Supreme Court iu the sc-caIied beef trust case. Attorney General Moody said;
 . T was present in court when q sy- nopsis of the decision was stated orally by MT. Justice Holmes. There is no impropriety in my saying that. as I understand the statement, the opinion sustains in all respects the contentious of the Government and affirms >the de- cree of the court below in all substan- tial particulars. The case decides that the trafac in live stock transported from the State or Territory of its origin to another State for sale and had therefore sale as interstate commerce and that those engaged in buying and selling such live stock are engaged in interstate commerce.
 This question had been before the court. twice before, but was left unde- cided because the cases in which 1t was presented turned upon other consider ations. The decision condemns as an ..y,V, F.a1 tint Af fraha the Cnulhf- nation between Independent dealers to suppress all competition in the pur- chase of livestock thus situated. Ii condemns as an unlawful restraint of trade the combination between such dealers for the purpose of fixing and main taining uniform prices in the sale of meat throughout the country: 1t con- demns as an unlawful restraint of trade the combination between such dealers to obtain preferential rates for the transportation of their product by com mon carriers. The decision makes it clear that all combinations between in- dependent individuals. partnerships or corporations engaged in interstate com merce, by which competition between them in such commerce is suppressed and hnder the prohibition of the so- called antitrust act.
 "In this case the opinion of the court was a unanimous one. mere IS hut one precedent for this, of the cases brought under the antitrust act. and that is the Addyston Pipe case. Of the other five cases brought by the government and decided by the Su- preme Court, two cases-the HopkinR case and the Anderson case-were de- cided against the government; and three cases--the Joint Traffic ASsocia- tion: Trans-M Missouri Freight Associa- tion and Northern Securities case were decided in favor of the govern ment by vote of five to four of the justices.
 The Attorney General declined to say anything with reference to any further proceedings in this or any Oth- CT antitrust case. But the closing words of his oral argument before the Supreme Court in this case are regard ed as important and significant. Tn closing his argument the Attorney General said:
 T can only hope that when the law shall have been declared these defend- ants will observe 1t in spirit as well as in letter. All men have an interest in the supremacy of the law-none SO great an interest as those. who. like the defendants. own great properties and control great interests; they should inculcate by precept and ex- ample they should cling to as to the rock of their salvation. respect for and obedience of the lew."