Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-01-07
ARGUMENTS IN
BEEF TRUST CASE.
Begun in l. S, Suprem, Court BY
Attorney ! ) Miller on Be-
half OF Packers
THE JUDGES ASK QUESTIONS.
We're Not Satisfactorily Answered
Moody Opens for the Gov
ernment.

Washington, Jan. 6.--Arguments in
the case Of Swift & CO., against the
United States, known as the beef trust
conspiracy case, were begun before the
supreme court Of the United States to-
day by Atty, John S. Miller OF Chi
cago, IN behalf OF the packers He at
tackled the bin Of the government as
insufficient to constitute cause OF ac-
ton, and said that the charges made
were not facts, but conclusions Of law;
that the commerce charged was not in
terstate or foreign commerce. and that,
even II It we're interstate commerce,
the fact given constituted no violation
Of law.
lie said that an Injunction had been
prayed for and secured from the United
states circuit court for the Northern
district Of Illinois, under the sherman
antitrust act He contended that the
case presented an Interference In bus
mess such as never before had been
Undertaken. The charges did not spe-
city time and place. He did not believe
that the charges could stand al all and
he quoted the indictments In the whis-
ky case to show that charges much
more specific had been regarded as in
0unicient
1T is alleged" Interrupted Justice
White, that your clients agents COM
blned to refrain from bidding In order
10 put prices down, and again agreed
10 plt them up. DO you think there
should have been a specification OF
hour and place?'
Yes, your honor" responded Mr.
Miller III the government had these
facts why should II not have given
them"
Did you ask for bill Of particu-
lars?' inquired Justice Harlan and
Mr. Miller replied in the negative, say
ing that the defendants had filed de-
murrer In the case.
Mr.. Miller said that If the packing
Industry could be interfered with as
proposed in this case, the manufacture
ing industries could be similarly regu-
lated; land thus you Will find, - he add
ed, THE federal courts regulating a
considerable part OF the commerce Of
the country
He contended that there was no inter-
state commerce involved, because the
business OF the packers, including the
purchase of cattle an dthe sale Of meat
was confined entirely to Chicago.
Explaining the economic situation
Mr., Miller said the demand for fresh
meat was fairly uniform and, owing to
he necessity faT maintang a proper
supply OF an acceptable article, he said
there should be some understanding
among the packers. This was perfect
~ legitimate, and the government itself
might properly assume this supervision.
The cattle supply was not so regular as
the demand. and TO this fact Mr., Miller
attributed the iluctuation in prices
When Mr.. Miller concluded Atty.-Gen
Moody began. II was idle, he said, 10
discuss the contention that the charges
OF the bill are not connected one with
another. BE that as Il may, the pur-
pose Of the suit was single, and all the
separate parts OF the bill were inter-
dependent for the accomplishment Of
thar end
lie maintained the constltutionallty
Of the bill, asking for discovery OF the
books OF the packers.
Mr. Moody had scarcely begun when
the court adjourned until MordSy.
~ the beginning OF Mr.. Mlllers pre-
sentaton OF the case he was interrupt
ed by Justice Holmes. who said that
he held stock In the other Union stock
yards in Chicago and also in the Kan