Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-02-09
JUDGE SWAYzE
CHARGES JURY IN
BEEF TRUST PROBE

unless his mind is criminal. Even If
o find hat there is a combination,
the effect of which is to raise the cost
of n~ecessaries of life, it Is not the sub
ject of Indictment If the object Is
lawful
object of Combination.
The object of the combination need
not be criminal, but if the object is
lawful there is no crime even IL the
public is i~njuriously affected. The con-
centration of a vast population around
such a point as New York city, and the
great distance of that population from
the original sources of food supply
render 1t a necessity hat quantities OF
food large In amount but small in pro-
portion to the population to be fed
should be accumulated and held for
longer or shorter periods in order to
meet the demand. Such an accuinula-
ton made in times of plenty to meet the
public need il times of scarcity does
not of itself Indicate that the object
of the accumulation was the public in
jury; it may even be for the public
veal, for although it may tend to raise
prices in the time of plenty it ought
'iiA'i PiVPNA hioiioStlttii W ttiih ~
keep them down at seasons when the
natural supplies are scarce. One of
Il earliest records deals with this sub
ject. The book of Genesis gives us an
account Of the Interpretation by Joseph
of Pharaoh's dream of the lean and the
fat kline. and the advice which fol-
lowed. I. quote from the American re-
vised version, Now. therefore, let
pI1a - 81. 1A@lr A,t 80. I..n.x4k a-l
wise and set him ovei the land OF
Egypt. Let Pharaoh do this. and let
him appoint overseers over the land,
and take up the fifth part of the land of
Egypt in the seven plenteous years,
And let them gather all the food OF
these good years that come and lay up
grain under the hand of Pharaoh for
food in the cities M let them keep 1t
And the food shall be for a store to the
land against the seven years of famine
which shall be in the land of Egypt
that the land perish not through
famine The result of this forethought
was. as you will remember, that when
the seven lean years came, there was
famine In the land, but in all the land
of Egypt there was bread
Not All storage Rad.
IT refer to this only by way of illus
t~ration, but 1t suffices to show that the
| storage of food may have an object
consistent with the public welfare. II
upon the evidence you think that was
the object in the present case. you
| should find no INDICTMENT. If, however.
the evidence renders it probable that
| the object of accommodating foodstuffs
| and holding In cold storage was mere
~ to enhance the price to the public
injury, an indictment would be proper,
/ say If the object was merely to en-
nance the price, for it is clear that
the carrying out of a lawful purpose
may have a tendency to enhance the
price. Whatever may be said of the
right to a civil remedy in such a case
there is no remedy by indictment IL the
aim was lawful, and the enhancement
of price was incidental only to the exc
cution of that lawful purpose. AS
Chief Justice Beasley said, in speaking
of the provision OF the act of 1886
which forbade a combination to commit
an act injurious to trade or commerce
An act, to fall within this provision
must be one which. with d~irectness
inficts an injury on trade. as. for ex'
ample, a combination to depress any
branch of trade by false rumors But
In the case before us, the act charged
lif it could be said to injure trade a
all, did so, not proximately, but re
motely.
at is true that at a far remove, a
injury to an Individual manufacture
| may affect trade in~juriously, but, i