The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1905-01-13
MOODY SCORES I:
BIG BET /. TRUST ! !.
He MAKES STRONG ARGUMENT
AGAINST ALLEGED COMBINE
OF PACKERS.
WILL PUT AN END TO TRUST
BELIEVED THAT SUPREME COURT
WILL DECIDE AGAINST Il.
THE PACKERS.
WILL PUT AN END TO TRUST
CANNOT SHOW THE BOOKS
PACKERS COUNSEL CLAIMS THAT
HIS CLIENTS WOULD BE IN
JuRED THEREBY:

Washington, jan 11-Attorney Gen.
eral Moody yesterday completed his
argument against the beef trust before
the United States supreme court.
Mr.. Moody had the advantage Of a
large audience and the stimulating
assistance of many distinguished
jurists within the bar.
John S. Miller, of the counsel for
the beef trust, followed MT. Moody.
concluding the arguments in the case.
He reiterated the claim in making, the
opening argument for the packers that
the complaint of the government Is
general and not specific, and that his
clients would be injured by a discov>
cry Of their books and papers. 1.
. The sentiment is almost unanimous
among those who heard Mr.. Moody's
presentation of the governments case
that the supreme court will render an
opinion
Against the Beet Trust.
Whether such a decision would be
followed by criminal prosecutions has
not been indicated at the department
of justice.
Mr.. Moody, in his argument, said it
appears clearly in the petition that
which the defendants entered into an
agreement
Taking up the agreement alleged in
paragraph of the petition Mr.. Moody
said that eliminating all the state
ments by which the pleader charac-
terized the purpose and effect of the
agreement the following state of facts
is clearly shown:
persons owning live stock and liv-
ing in other states and territories
than those where the stock yards are
situated, We're accustomed to send
such stock to the various stock yards
named for the purpose of sale there.
engaged in the business of buying
such live stock. for the
Purpose Of sIauehtering
and converting into fresh meat, en-
tered into an agreement with each
other, except, colorably, in the pur.
chase of such live stock, with the pur-
pose and result of suppressing all COM
petition in such purchases"
An agreement having been thus
clearly alleged, he said the question
arose as to whether the agreement re,
lates to interstate commerce, and pro.
.ceeded to argue that proposition. say.
ing that the same sort of bargain is
made for cattle produced and owned
within the state of sale as for cattle
produced and owned in another state
and sent to the "locns" of the transac,
ton for the purpose of sale there.
The interstate character of the
transaction, he said, where an owner
Of commodity
Living in One State
ships it to another, continues from the
beginning of the shipment to and in
Guiding the sale of the commodity, II
it, has not lost it's identity by the
breaking of the original package in
which it had been imported.
Mr.. Moody cited numerous decis.
ions as to what constituted an inter.
state commerce and an original pack.
age, quoting from one opinion of the
court said it was clearly established
by the case in point that the sale by
the owner, or his agent, of commodi-
ties imported or to be imported from
another state to the place of sale in
the original package is an act of inter.
state commerce and the owner, or his
agent, taking part as vendor. is en-.
gagged in transacting interstate com.
merce. He thought it inevitably fol,
lowed that those who take pare in the
act as vendors also are engaged in in.
terstate commerce"