Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-01-25
Judge Lands in Instructing
Chicago Grand Jurors De-
plores Publicity Given InveS-
tigation by Officials,
JURORS GIVEN TIME
TO THINK IT OVER
Urges Clear Understanding Of
Limitations Of Law of Con-
gress Against Combinations
IN Restraint of Trade,

iiiy Morning journal sneclai Leased wirei
I Chicago, Jan. 24-Judge Kenesnw
NJ Lands Of the United states dis
trict court IN his charge to the foder-
al grand jury assembled today to In
yestigate methods Of the so-called
beef trust" declared II Was through
information furnished by him that the
present proceedings were started,
Judge Landis also said that after
he had notified the United states dis
triol attorney in Chicago on January
90, ho was surprised to soc on Junu-
AIRY w notices IN The newspapers
coming ostensibly from Washington.
that the government officials there
had ordered the investigation.
Il was announced, however, that ac-
tun on the beef trust investigation
wopld be postponed d few days until
some docket eases had been consider
ea. Il WAS explained ihat the present
Investigation WAS of such importance
that Il would BE better lf tho jury
We're gwen n,tie Time IA which to
funiliutzc itsclf with the routine Of
the grand Jury procedure before eon-
siaering evidence to be submitted IN
the aacker's case
Having ~ mind the duh Of the
district attorney said Judge Lands.
y notified that officer on tie twen-
tieth OF The present month that on
your assembling here today the court
would direct your attention TO the
subject OF the present Investigation
'lf Is a source Of profound regret
that two days later there was d wide
spread newspaper publication of mat
ter purpnrtlng TO come from WASH
ington and expressing the intention
ana determination Of certain govern
mental functionarics there as to this
proceeding ana alleging, in that con-
nection their purpose with respect 10
certain individuals in this district.
without assuming here OFFICIALLY
that there Is anything behind the pub
locations except Journalistic enterprise.
/ caution YOU 10 pay no attention
whatever 10 them, as 1t Will be your
duty conscientiously TO refrain from
making amy disclosures Of matters
In your jury room.
4here are SO far two reasons--in
the first place, If an individual is in
dIcted. he ought to have the right Of
trial by a jury taken from az atmos-
Dhore that has not beon surchangcd
With feeling against him and IN thn
second place. If he IL not indicted. it
Is not right that It should be publish-
III from time to time that evidence
showing him guilty OF criminal con
luct had been presented TO the grand
ury
Various reports ol alleged circun-
stances ana conditions IN connection
with the meat industry have come to
ne While the representations set
'orth in these complaints. even II true.
lO not necessarily imply violation Of
oderal law, they are Of such charac-
or as to clearly impose upon the
.ourt the duty of directing your at
ention to them TO the end that the
ubjeel may have at your hands the
and consideration IT'S
requires
"The statue declares every contract.
in the form OF trusts or
therwise. or conspiracy In restraint OF
radc or commerce among the several
tates or with foreign nations. TO be
legal and II is provided that every
crson who shall make any such con
'nct. or engage In any such conbina-
lon or conspiracy or vino shall mo-
ppoli1c amy part of such trade ut
1mmercc shall bc deemed guilty Of
while you viii observe that 10y
ils enactment congress has pre-
ribbed the rule of free competition
mong those engaged In INTER
FATE and INTERNATIONAL trade
ld commerce. ! desire TO impress
lon YOU tha it is not within the
'mpetpncy of congress. nor does the
{ attempt to- deal with trade or
'mmerce which is wholly INTER
FATE
After cnlarsins on the fact that
nrrpss cannot Interfere with com
ercc within state. the court CON
lued
"You viii perceive intent is the
scnee OF this offrnsc-that is TO say
ere must be 81 conscious purpose On
e. part of the accused TO suppress
mppttion by cooperation to that
d The law docs not concern itself
th mere coincidence OF conduct tn
g. absence OF such intent."