The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1905-01-18
FIGHTING BEEF TRUST.
MOODY sAYs BEEF TRUST CLEAR
LY VIOLATED LAW.
Its Acts Were in Restraint of Trade
Places Stress Upon Agreement to
Regulate Prices.

argument for the government before
the supreme court Of the United States
Monday afternoon in the Beef
Trust case He said in part:
Stating the facts alleged in the petit
ton in the most general way, it ap-
pears that the defendants were engag-
ed in the business of buying livestock,
converting into fresh meat, and selling
the meat throughout the country. The
business Of each was independent Of
the others and each was competing
with the others and all the world. The
offense with which they are charged
is that while thus situated, they en-
tered into certain agreements with
each other and performed certain acts
in pursuance thereof, all of which are
claimed to be unlawful.
'.It will be useful to ascertain with
accuracy certain characteristics which
all the agreements and acts complain
ed of possess.
.None of them relate to manufac-
lture or production, but all relate to
commerce.
.eNone do not accomplish any fusion
Of property interests, or any acquisi-
ton, by any, Of rights in the property
Of the other defendants. They are, on
the contrary. simply agreements af-
fecting their freedom of action in Ger
tain respects.
..They do not relate to any matters
which are incidental or collateral to
commerce, or which aid or facilitate
it. On the contrary, they relate to
commerce itself, and are made and
done by those who are conducting it
with respect to its conduct.
"These three propositions narrow
the inquiry and leave for the deter
mination Of the court only two ques-
tons: First, whether the commerce in
EIlIS Case WdS CO1llAkCISC c%AAOA6 $AAS
states, and if so, second, whether the
agreements constitute restraint of
such commerce. or create or promote
a monopoly of any part Of it.
The attorney general said, it ap-
peared clearly in the petition that the
defendants had entered into an agree
ment for three purposes. There was
the agreement to refrain from bidding
against each other, except coIorably,
in the purchase Of live stock. The at
torney general discussed the conten-
ton of the companies that the unload
ing OF the cattle constituted a break
ing Of the original package and COM
mingling Of the property with the do
mestic property OF the state to such
an extent that the purchase and sale
of them were domestic commerce. He
said he found it difficult to treat this
contention seriously. When the two
parties to the sale. buyer and seller,
enter into an agreement, he said, the
agreement constituted inter state
commerce.
eThe second main subject of agree
ment among the parties is that the de-
fendants have combined and con-
spired, arbitrarily, to fix prices OF
fresh meat and to keep them uniform
as among themselves Mr.. Moody
continued: This conspiracy is rem
dered effective by periodical, secret
| meetings throughout the country by
the agents and attorneys Of the de-
PENDANTS. At these meetings uniform
| price are agreed upon, due notice is
given of the prices agreed upon, and
| the defendants adhere to the prices
thus fixed. That such an agreement re-
| lates to and restrains commerce, ac-
cording to the well-settled rule of this
| court, is.so plain that I cannot permit
| myself to argue it. This is an unlawful
restraint. of commerce among the
states. and was so declared in the Ad-
dyston Pipe case, from which all OF
the ingenuity of counsel cannot dis
tinguish the case at bar.
..It also appears that the defendants
with intent to monopolize interstate
commerce and to prevent competition
| therein, are engaged in the common
| practice of obtaining unlawful rates OF
rebates for transportation from COM
mon carriers, which they subsequently,
share or pool among themselves, and
that their scheme contemplates aol
only the pooling of these unlawfu
rates. but the exclusion of all outside
competitors from obtaining them. II is
claimed by counsel that such acts are
not wrongful Counsel have overlooko"
section 10 Of the Interstate Commerce
| law of 1887, by which it is made an