Omaha daily bee., 1910-01-25
District Attorney Begins Work on
Suggestion From Court.
NO ACTION FOR THE PRESENT
Number of Minor Cases Will be Dis
posed Of First.
WHAT THE LAW
Rules for Free Competition e>E.
state Commerce and Trade
Prescribed by
Congress.

CHICAGO. Jan. 24.--Judge Kenesaw \
lands of the United States district court
in his charge to the federal grand jury as
sembled today to investigate the meth
DDS Of the so-called "beef trust" declared
it was through information furnished by
him that the present proceeding was
started
Judge Lands also said that after he
had notified the United States district at
torney in Chicago on January 20 he was
surprised 20 see on January 20 notices
in the newspapers coming ostensibly from
Washington, stating that the government
officials there had ordered the investiga-
lion. 1t was announced, however, that
action on the beef trust" investigation
would be postponed for few days until
some docket cases could be heard 1t was
explained that the present investigation
was of such Importance that 1t would
be better IL the jury was given a little
time in which to familiArze itself with
the routine of the grand Jury procedure
before considering the evidence to be
presented in the packers cases.
After Judge lands had read his charges
he jury proceeded to take up some cases
" minor Importance
"Havihg in mind the duty of the dis
trict attorney said Judge Landis 'T
notified that officer on the goth of this
month that on your assembling here to-
lay the court would direct your atten-
ion to the subject OF the present in
Testigation
TT is a source OF profound regret that
Two days later there began widespread
newspaper publication of matter pur-
porting to come from Washington and
expressing the intention and determine
ton of certain governmental function
aries there as to this proceeding, and al
leging, in that connection, their purpose
with respect TO certain individuals resid-
ing in this district.
Secrets of jury Room.
''NyithauE saaassmtpg anything here off,
ciaIly that there is anything behind the
publications except Journalistic enterprise.
1 caution you to pay no attention what
ever TO them, as 1t viii be your duty to
conscientiously refrain from making any
disclosures of matters transpiring in your
jury room.
This so for two reasons; In the first
place, IL an individual Is indicted he ought
to have the right of trial by a jury taken
from an atmosphere that has not been
sucharged with feeling against him, and in
the second place II he is not indicted, II is
not right that It should be published from
time to time that evidence showing him
guilty OF unlawful conduct had been pre-
sented to the grand jury.
Various reports Of alleged circumstances
and conditions in connection with the meat
industry have come to me. While the
Representations set forth in these COM
plants, even IL true, do not necessarily
imply violation OF federal law. they are
oR
upon the court the duty OF directing your
attention to them TO the end that the
subject may have at your hands the in
vestigation and consideration It's import
ance requires
The statute declares every contract
combination In the form of trusts or other
WISE or conspiracy in restraint OF trade or
commerce among the several states or with
foreign nations to be illegal and It is pro-
vided that every person who shall make
such contract, or engage in any such COM
binatiOn or conspiracy. or who shall mon
opolize or attempt to monopo1zc or COM
bine or conspire with any other person or
persons to monopolize any part OF such
.rade or commerce shall be deemed guilty
of a misdemeanor.
Rules for Free Competition.
while YOU win observe that by this en-
aotment congress has prescribed the rule
of free competition among those engaged
in interstate and international trade and
commerce, I desire TO press upon you that
II is not within the competency Of congress
nor does the act attempt to deal with
trade or commerce which is wholly intra,
state"
After enlarging on the fact that congress
cannot interfere with commerce within a
state, the court continued;
you will perceive intent is the essence
OF this offense-that is TO say. there must
be conscious purpose on the part OF the
accused to suppress competition by CO.
operation to that end. The law does not
concern itself with mere eoinoidence OF con.
duet In the absence OF such intent"
A special venlre OF Jurors appeared be-
fore Lands and twenty-three men were
chosen to compose the grand Jury that is
% hear the evidence and decide whether
indictments shall be returned against the
packers.
The firms against which the government
will proceed are; Swift & Co, Armour &
Co. and Morris & Co. who IL is alleged
control the National Packing company for
their common benefit.
Early today deputy United States mar
shals were started out with more than A
score OF subpoenaes and writs to bring
before the grand jury, employees and books
OF the concerns invo,oved
Every precaution was taken to keep the
Identity OF witnesses secret. A large num-
Der OF secret service operatives have ap-
parenuy been brought here from other
cities, and II is believed they will be used
In serving subpoenaes as well as supplying
evidence gathered during the investiga-
ion.
Only two subpoenaes were turned oYer
United States Marshal l.. T. Hoy today.
. Mr.. Hoy refused TO give any information
conserving the identity OF the persons ON
: whom the subpoenaes were 20 be served
Az the city offices OF the National Pack
ing company and Armour q Co.. Il was
Aid no subpoenaes had been served.