Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-03-23
GARvEN DEMANDS
EXTRACTION OF
BEEF TRUST HEADS
Seeks to Bring Swift and Morris
to Jersey-High Court to
Rule About Books.
rspecial to the Newark start

btE
TRENTON, March 23.-Prosecutor
Pierre p. Garven and Assistant Prose
cutor George T. Yickers, of Hudson
county. applied to Governor Fort this
afternoon for acquisitions for the eX-
tradition of Lewis +. Swift, of swift
& Co, and Edward Morris, of Morris
&. Co, two of the beef packers indicted
by the Hudson grand jury on charges
of conspiracy in raising and keeping
VI the prices of meat.
The application followed argument
made in the Supreme Court upon the
order requiring the beef companies to
produce their books.
Mr.. Garven informed Mr.. Untermyer
and Mr.. Lindabury of his proposed ap-
~plication and Mr.. Untermyer said that
he would ask the Governor to give a
hearing on the subject. He was COM
PEELED to return to New York this aft
ernoon and could not wait to present
the case today.
Governor Fort took the papers and
will probably give a hearing before
acting upon them.
The Supreme Court allowed the writ
of certiorari asked by attorneys for the
packing companies to review the order
of Supreme Court Justice Francis
Swayze requiring the production in
Hudson county, for the use of the Hud-
son county grand jury, of books of
Swift & Co, the Armour Packing Com
pany and the National Packing Com
pany in. the beef trust Investigation.
The case win now go to the Court of
Errors for final determination.
For the packing companies appeared
Samuel Untermyer, r. V. Lindabury
and William D. Edwards. Prosecutor
Pierre p. Carver, Assistant Prosecutor
George T. Vickers and Joseph M.
Noonan represented the county.
Mr.. Lindabury made the first argu-
ment for the writ. His point was that
the order of Justice Swayze requiring
the production of the books was out
side the statute.
He commented hat the statute COW
ering the production of books of cor
porations means that they "a only
be brought here for the use of the
court making the order for produc-
ton, and that upon the issuance of
such an order reasons for pr 5duction
must be made.
II cannot see any middle ground"
said Mr.. Lindabury. "If the books are
brought to the Oyer and Terminer
Court of Hudson county, the Supreme
Court will not have control over them,
although Justice Swayze made the
order for production as a member of
Iahe bench of the Supreme Court"
Mr.. Untermyer made the closing
argument, setting up four points
against production of the books. They
We're:
"First-Upon the face of the petition
no proper cause is shown to invoke the
drastic remedy sought by the Hudson
county authorities, N no cause exists
for the drastic penalty of revocation
of the charter of the corporations in
the event of their failure to produce
the books.
"Second-The petition shows tina the
books are wanted for purposes not con-
templated by the statute.
~"Third-The record shows tina the
books are ordered for the purpose of
furnishing evidence o. an indictment
found in Hudson county on February rs.
"Fourth-The order violates the fourth
and fifth amendments to the constitu-
ton of the United States and section 6
of the New Jersey constitution"
Mr.. Untermyer characterized the ac-
ton of Hudson county authorities
relative to the books as a fishing ex>
petition and said they are unknown
proceedings against unknown parties
and for an unknown purpose"