The Mena weekly star., 1910-12-15
It DOES NOT APPLY
SUGAR MEN AND MEAT PACKERS
MUST STAND
TRIAL.
PLEAD "STATUTE OF LIMITATION
Supreme Court Holds That Conspiracy
Is Continuing offense--Dccislon
viii Also Apply to Tobacco Cases
Attorney General is Eiated.

Washington, Dec. l4.-By unanimous
decision the supreme court decided
that conspiracy is a continuing Of
fense ard the statute OF limitations
therefore does not shield the Sugar
rrust conspirators from trial by jury
for their offenses against the Sher-
man antitrust law.
Not only does 1t force John Il. Par
sons and all the other directors and
officials of the sugar trust, indicted
for conspiracy in restraint of trade to
close the Philadelphia Sugar Refining
company of Philadelphia but 1t estab-
lisbes a precedent whereby the per-
sonal guilt of all trust officials may
be tried out before a jury without the
Intervention of the statute of limita
tions to save them from past offenses.
declares the decision, the literal
meaning OF which is that the crime is
not at end when the conspiracy is con.
sumated, but that it continues to be a
crime as long as the state of affairs
brought about by the conspiracy con
tnues to exist and for the recess or
thereafter
Affects Packers Also.
Specifically this brings the beef
trust magnates within the pale OF the
law and they must face jury despite
an appeal to the statute of limitations.
And in all other big trusts cases,
whether tobacco, oil, electrical or any
other. in which the accused magnata
may seek to evade punishment by
appealing to the statute of limitations
the same rule laid down by the SUI
preme court will apply.
The decision as was pointed out at
the department of justice furnished
the clews which the attorney general
has long needed to put the finishing
touches to the most barefaced OF the
criminal combinations. The statute OF
limitations was practically the last
line of brcastworks that the trust men
had to fall back on and by its decision
the supreme court has forced them
cut into the open where they will
have to fight on the sheer merits OF
the law and the facts.
1t is interesting to note that the de-
cision was rendered within few
minutes after the senate had unani-
mously confirmed the appointment OF
Associte Justice White who was among
those who upheld this definition OF the
law. The attorney general was elated
over the decision as was also United
States District Attorney General Wise
who was with Mr.. Wickersham when
news of the ruling reached the depart
ment.
All Must Stand Trial.
he attorney general said that the
decision spoke for itself and con.
Cured in the opinion that 1t meant
that all members of the sugar trust
must stand trial. He issued instruc-
tions to District Attorney Wise to
take steps to prepare the cases for
trial as soon as the Judgment of the
court is made final Mr.. Wise re-
turned to New York flushed with vic
tory and ready 10 move the cases of
the sugar trust men for trial at the
earliest possible moment
The decision handed down was in
he case of Gustave Kissel. and Thorn.
as b. Harmed. two OF the indicted
trust officials, which had been sub
mitted as test case In the United
States circuit of New York and which
Judge Holt sustained the contention
Of defendants that prosecution for
the alleged conspiracy was barred by
the statute of limitation.
Pending the decision of the supreme
court on the mooted point, the cases
against the other accused officials
were temporarily laid aside, since it
was agreed that II Kissei and Harmed
were exempt under the statute of
limitation the others also would have
to undergo the same ordeal.