Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-09-05
PACKERS, CASE POSTPONED.
Alleged Violation Of Antitrust Laws
Goes Over.

CHICAGO. September 5.-Governmens
prosecution Of Chicago packers for alleged
violation of the antitrust laws was sched-
uled to begin today. but instead there was
delay. On motion Of Attorney J. 9. Miller.
representing the packers. the hearing OF the
cases was postponed till September ID
The court room in the new federal build
ing was filed with lawyers and spectators.
United States District Judge J. Otis Hum
phrey presided. Attorney General Moody
with District Attorney Morrison. Assistant
Attorney General Pagtn and Assistant Dis
trict Attorney Elwood Goldman occupied one
table. while Attorney Miller and his asso-
ciate counsel seated themselves at another.
Attorney Morrison announced to the court
that the packers had been notified to plead
and that their counsel was present for that
purpose. Attorney Miller then arose and
said:
1.-THE district attorney has given me no
tice. as well as the defendants. to plead
here today. The notice came on Friday.
Saturday was practically holiday ma
Monday being Labor day, we could do moth
Ing. It Is still vacation season. and any
way the notice was surprise to the de-
PENDANTS. I do not, in a way. represent all
OF the defendants and the matter OF select
ing counsel Is still under consideration.
Many of the defendants are away. as wen
some of the attorneys. and we now ask
matter of the motion to plead until Monday.
September IS. At that time every one VIII
have returned and the courts will be open.
I hope that counsel will agree to the post
ponement and we will ask nothing further.
I presume the defendants will take some
action which will precede the matter of
pleading.
They might move to quash the indict-
ments, enter plea in abatement or pro-
coed by demurrer to the indictments We
have not yet definitely settled what ac-
ton to take. and in view OF this unset
tied condition we ask that the matter
be continued until the 18TH.
THE request Of counsel is not unsatis-
factory or unreasonable said District
Attorney Morrison. "and the government
Is satisfied"
Let it be so ordered" replied Judge
Humphrey The matter Of pleading Is
continued until September 1S.'
The Attorney General was reticent in
speaking of the matter, but declared that
he is not DESTROYS of putting the packers
to any inconvenience. Il do not know,
of course, what the packers intend to do
between now and September 1S. said ne,
"but suppose they will seek to enjoin the
prosecution / never heard of such a pro-
cedure before. but do not know why such
an action could not be taken. OF course,
cannot say what judge they would select
in making their advances, because l know
nothing of their plans The government
will push the cases as rapidly as possible
and still consistently and without preju-
dice"
After the case had been continued Attor
ney General Moody, District Attorney Nor
rison and Assistant Attorney General Oil
yer E. Pagin held a conference IN the dis
trict attorneys office. The Attorney Cen
eral again took up discussion of the pro-
cedure in the case, in view of the apparent
attitude OF the packers. 1t is probable that
he may send other assistants to the dis
trict attorney when the cases come to trial.
Attorney General Moody has learned that
- H. ~oplra md H.
ably the five corporations who were In
dicted will be represented by individual
counsel and because Of the multiplicity OF
attorneys the governments position may
be attacked on many technicalities.
Mr. Moody will probably leave tomorrow
for Washington.