New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
TRUST WINS A POINT.
Fertilizer Men Not To Be Removed
to Tennessee for TriaI.

Washington. March 4.-Ths Fertilizer Trust cases.
involving the right Of the United States to compel
the removal Of indicted officials OF the fertilizer
companies constituting the alleged trust from Viz
ginia to Tennessee for trial. were decided to-day
BY the Supreme Court OF the United States adverse
ly to the governments contentious. the opinion
being delivered by Chief Justice Fuller who held
that the Circuit Court had erred in holding that
the indictment sufficient to secure the re-
moyal OF the cases without regard to the evil
dence- The result the reversal OF the decisio1
by the United States Circuit Court for the Eastern
District Of Tennessee.
Chief Justice Fuller said the Supreme Court had
never held that in removal the indictment OF
person was sufficient to secure his transfer from
one Jurisdiction 10 another. and he added ''Ws
now hold that It is not" He proceeded TO say thaE
removal could be ordered only on showing SUIT
hcient cause for such course; that this could b
done only BY scrutiny OF the evidence and that 70
refuse this investigation is a denial of the rirht
guaranteed by the constitution. The court there-
foFe reversed the order of the Circuit Court for ~
removal Of TInsIey and the other defendants To
Tennessee and ordered their discharge but witholls
prejudice against future proceedings in the case.
The Fertilizer Trust cases have attracted mach
ATTENTION and been stubbOruy fought ever since tia
beginning OF proceedings last May. There were
eleven cases before the court and all arose out oe
indictments returned by the federal grand jury for
the Middle District OF Tennessee sitting at Nash
Vllle which charged the defendants with eOnsDir-
iag 70 regulate The price of fertilizers in the sIatss
ida alabama Mississippi. Louisiana and Tonnes
see, IN violation of the Antitrust law OF 1854 Ie
was charged IN these indictments that the 0Om-
DlndJtOn controlled 30 per cent OF the fertilizer
proQGct OF the country. and that through the Colo
MAI Development Company, as q common medium,
prices were fixed and the amount OF sales was
regulated. the result being IN the aggFeEats
OF not less than 100000 the farmers IN the
states mentioned in OF what ie would b
under system permitting free and UnresCriCtsd
competition.
There We're twenty-five indictments against tho
OF them have reached the Supreme Court. These
were the cases against James o. Tinsley, pFasl-
dent OF the Marietta Fertilizer Company OF
Georgia; William De @ kessler secretary and
treasurer OF the GOulding Fertilizer Company. o.
Great Britain; Samuel I. Morgan, president:
Wilcox, agent and manager. OF the Virgnta-CGFo-
Ina Chemical Company; ]. Rice Smith, president
OF the Georgia Chemical Works; Austin b. Car
penter and Charles H. Mcdowell agents OF Armour
. Co. OF Chic0gOi George Baden, president Of the
Federal Chemical Company. OF Delaware and Ken
rOughs OF the ROyster GuanO Company. Of Viz
GINA It was charged that the goods were shipped
nom various places IN Kentucky. Virginia and
Illinois The indicted men have been bail pend
ing the Supreme Courts action
The proceeding which terminates to-day was
OF the case. When taken into custody by the Vir-
gtnia marshal the defendants appealed TO the
United States Circuit Court for writs OF habeas
corpus. the ground that under the Constitution
the Tennessee court was not competent TO try them
for offence which had not been committed In
that Jurisdiction They cOntended that no orIence
had been committed Eafnst the laws or the United
States. but urged that n there had been
such offence IL had not been committed in Tennes-
see. where none or them lived.