The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-11-12
Judge Sheppard's Instruc-
tons to the Jury Partic-
ularly Forceful.
HE CHARGED THE BODY TO BE
DILIGENT IN INVESTIGATING
COMBINATIONS IN RESTRAINT
OF INTERSTATE COMMERCE
HOMESTEAD LAWS, PEoNAGE
AND VARIOUS OTHER oFFENsEs
DEALT WITH.

r~iNO VNntOSS StII6h SFT LIVES
DEALT WITH.
The grand jury for the adjourned
term of the U1ited States court was
empaneled and changed yesterday
morning when court was opened,
Judge Sheppard presiding. o. ii :.
Smith was selected as foreman of the
jury. and Immediately after being
charged the jury retired and began
the investigation of cases brought 10
its attention. United States Attor-
ney Wilson and Assistant Attorney j.
z. Davis Yonge are in attendance
upon the jury advising it in each case
brought up for investigation.
Judge Sheppard's Charge.
Judge Sheppard's charge. which was
listened TO attentively by the jury,
was as follows:
Gentlemen of the Grand Jury: In
obedience TO a long established usage
of courts TO charge grand juries When
ever organized. / will briefly instruct
you as to some of the powers and du-
ties OF your body.
'It Is the duty of this grand jury
to inquire into all matters charged
TO be crimes or offenses against the
laws of the United States, committed
and triabIe in the Northern District
of Florida. and your power in this re-
spect Is unlimited. Your jurisdiction
extends to all crimes and offences
cognizable under the authority of the
United States committed in the North
ern. District of Florida, or upon any
government reservation. or of offsnse
upon the high seas when such offend
ers are first brought to, or landed IN
this district.
Courts of the United States have
no common law jurisdiction. Your
Investigations therefore, can be di-
rected only to such offenses as have
been created by acts OF congress
may be prosecuted on Information by
the district attorney without first
bringing them TO your atteltion. IL
IS not necessary for me to enter into
an elaborate enumeration of the Of
lenses of which you have original cog
nizance. Generally speaking, they
are, infractions of the internal reve-
nue. laws, such as making whisky
without having paid the distillers' Ii
cense. and carrying on The business
of a retail liquor dealer without hav-
Ing paid the internal revenue tax.
and sundry violations of the statute
with regard TO licensed distihers.
Laws Of Postal Service.
violations of the postal laws by
persons engaged in the postal service
and by persons using the postal IA
cilities to. perpetrate frauds on the
public by devising and furthering
fraudulent schemes to catch the I'M
wary.
Perhaps of all the institutions es-
tabIished and maintained by the gov
eminent. the postoffice establishment
is of the greatest use and general
benefit to the public. The postoffices
should therefore be guarded from all
improper uses and the public should
be protected from its abuses. The
trust reposed, by the public in its pos
tai officials is very great, and the
greatest integrity and efficiency in
suca officials should be exacted.
"Counterfeiting and forging the
money or coin or obligations of the
United States is an offense severely
denounced by the federal statutes and
it best conserves public morals and
public justice that such violations
should be speedily punished.
Combinations to Restrain Trade.
There is another violation of which
the grand jury should be diligsat in
investigating and Furnishing. and that
is, combinations and agreements in
restraint Oh interstate COmIQSFCS.
Modern development of the re-
sources of the country, and the conse-
quent combination of capital ami in
yestments make necessary the pro-
lection of the public from monopoly
and combinations of trade which af-
feet commerce between the states and
foreign nations. Therefore, congress
mas enacted what is known as the
Sherman act. or antitrust law, two
sections. of which may quote:
Section 1. Every contract, combi-
nation in the form of trust or other
wise, or conspiracy, in restraint of
trade or commerce among the several
states, Hr with foreign nations, is
hereby declared Illegal. Every per-
son who shall make such contract or
engage in any such combination or
conspiracy shall be deemei guilty of
misdcmeanor'
Section ,. Every person who shall
monopoliZe. or attempt to rlonopolize,
or combine or conspire with any 9TH
or persons, TO monopolize any part of
the trade or commerce among the sew
eral states, or with foreign nations,
shall be deemed guilty Of a misde-
meanor'
Monopoly in the prohibited sense
involves the elements of exclusive
privilege or claim which restraints
others from the exercise of right or
liberty. which they had before the
monopoly existed. In commercial law
IL is said to be the abuse of free COM
merce, by which one or more individ-
nails obtain the advantage of selling,
alone and exclusively all of a certain
kind of merchandise or commodity to
the detriment of the general public.
1T will be observed that by an an
alysis of the term monopoly. there
are found two elements, viz: an ex-
elusive right or privilege on one side.
and a restriction or restraint on the
other. which will operate 10 prevent
the free exercise of a right or liberty
open TO the public before the monop-
oily was secured. This is, think, the
general meaning of the term as i'm
piled in the second section. which
reads: An attempt to monopolize any
part of the trade or commerce among