The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-03
Indicted Packers Will Try to
Secure Injunction
Preventing Prosecution by the
U. S. Government.
CHARGES IDENTICAL.
Indictments Are the Same in
Every Case
Where a Violation of the Sber-
man Law Is Alleged.
CHARGES IDENTICAL.

Chicago, July efforts are to be
made by the packers indicted by the
federal grand jury Saturday to defeat
the governments aim through injunc-
ton proceedings, according to the
Record-Herald.
The packers have authorized their
special counsel, John S. Miller, to file
their petition for an injunction at his
discretion in the United States court.
In fact, the notices informing the fed
eral officials that a petition would b;a
fled asking for an injunction already
have been prepared for service.
Attorney Miller stated that the ac-
ton seeking an injunction would be
uncommon but not without precedent,
cases being on record in several in
stances supporting the contemplated
move by the packers.
1.-THE form of the action has not
been thoroughly considered or thought
out" said Mr.. Miller, but that will
be settled latter. My clients will ask
for an Injunction against prosecution
under the indictments on the ground
that the prosecution will be irregular.
''It is a well settled rule of law that
where a plaintiff goes into court of
equity seeking an injunction and OBJ
tains it the same plaintiff cannot in
stitute criminal proceedings against
the defendant. The packing firms are
now under an injunction made per-
manent by Judge Grosscup of the cir
cult court.
eff they have violated that injunc-
ton they ought to be cited for con-
tempt before that tribunal instead of
being indicted in the United States dis
Grict court"
Seventeen men, in all prominent in
the packing industries of the country.
have been indicted for violation of the
Sherman antitrust law and four Of
ficialS of the chwarZschild & Sulz-
berger company were indicted for al
legged illegal rebating to the railroads.
Besides these individual indictments,
bills were voted against five corpora
son Morris & Co, the Cudahy Pack
ing company and the Fairbanks Can
ming company.
The men indicted for alleged con-
spiracy in restrain of trade which con-
stftutes violation of the Sherman act
are:
List OF the Indicted.
J. Ogden Armour, president of Are
mour & Co.
Charles Armour, of Armour & Co.
T. j. Corners. director, Armour
P. A. Valentine. treasurer Armour
Samuel McRoberts. assistant treas
urer of Armour & Co.
Louis F. Swift president Of Swift
Charles Swift, of Swift & Co.
Lawrence A. Carton, treasurer OF
Swift & Co.
Arthur F. Evans. attorney for Swift
R C. McManus, attorney for Swift
A. H. veeder. general counsel fol-
Swift & Co.
Edward Cudahy, of Cudahy & Co.
D. E. Hatwel, secretary of Swift
Edward F. Swift, vice president OF
Swift & Co.
Edward Morris, secretary of Nelson
Ira w. Morris. of Nelson Morris
& Co.
The four employees of schwarzschild
6. Sulzberger, who were indicted fol
alleged rebating with the railroads
are all connected with the traffic de-
partmenr of the corporation. Then
names are Samuel Well, B. S. Cusey
c. E. Todd, V. D. Skipworth.
Eight Counts in Each Case.
The indictments voted for alleged vic.
lation Of the antitrust law Were iden.
teal in each instance. The indictments
contained each eight counts which were
spread over sixty-three typewriter
pages.
The first ard second counts of the in.
dictmentS pertained only to beef sold in
domestic trade. The ninth and tentf
counts relate to. beef sold in foreign
trade. The third count charges a con.
gpiracy in restraint of trade and com.
merce among the states and with for.
eign. nations in fresh, dried, smoked
cured, canned and picked meats anC
in certain by-products of the packine
industry, viz: Sausage casing, Sausage
containers, oleo stock, stearine and oils
and also in butter, eggs and poultry
This count charges that the trade
which the defendants were carrying OF
In the above named commodities was Il
be restrained in several ways:
Restraint of Trade.
First-Competition in the buying o
cattle at the stock yards in differen
cities was to be prevented and destroy
ed by the defendants, who required
their purchasing agents to refrain from
bidding against each other.
Second-Compe as to the sale o
the above commodities in foreign ant
domestic markets was to be prevented
and destroyed by the defendants fxinJ
non-competitive and unreasonable price
for such commodities, and requiring
their representatives IN the 1ifferen
markets to fix prices by agreemen
from day to day, according to what tn
market would stand.
Third-The supply of the above com
rnodities was to be curtailed and re
stricted whenever necessary to maintain
the prices so fixed.
Fourth-The United States was divid
ed up into territories between the de
PENDANTS, and each was to keep its ow
territory without interference by tn
others.
Fifth--There was a division as to tn
volume OF trade allowed to each de
PENDANT in given market if one part
sold more than his percentage during
given week he was obliged to pay a
s'ante'' of so much per hundredweigh
according to the territory In which tn
matter occurred, into a pool to cover tn
excess of sales, and this fund was divid
ed among the packers who fell short i
their sales.
For Handling By-Products.
Sixth-Certain corporations, namel,
the Aetna Trading company and tn
Oppenheimer Manufacturing compan,
were to be appointed exclusive agent
Of the defendants to handle the sausag
castings and containers, and these CON
panies were to make arrangement