The Birmingham age-herald., 1910-10-02
TESTIMONY IN THE GROCERS CASE GOES ID DISTRICT JUDGES A Formal Request Filed Here Yesterday By Acting At
 torney General SAVES ABOUT TWO YEARS IN GETTING DECISION Examiner Will First Re Named to Take Testimony Which Will Then Re Heard By fhe United States
 Circuit Judges


 thorities to push the criminal dissolution suit recently filed against the Southern Wholesale Grocers' association was par tlcularly emphasized when yesterday the Acting Attorney General, William S. Kenyon, filed a certificate requesting the circuit judges to try the case In the first instance
 The certificate is based upon a section of the federal statutes, which permits either the plaintiff or defense in an equity case to dispense with Intermediary tribu- nals and place the issues directly before that court, which Is second only to the United States supreme court. This ac- ton, according to the general interpreta- ton, demonstrates that two years of de- lay will be saved in the case, as no ap- peal will be possible to the circuit court of appeals by reason of the fact that in the first instance this court hears the case.
 The petition, or request, of MT. Kenyon. which was a surprising development in the case yesterday, follows:
 Petition Filed By Kenyon Tn the Circuit Court of the United
 States, the United States of America,
 petitioner, vs. The Southern Whole
 sale Grocers' Association, ct als., de-
 fendants.
 ''To the clerk of said court: hereby certify that the above entitled cause, now pending in said court, is a suit in equity brought by the United States of America against the Southern Wholesale Grocers association, and the other de- fendants named, under the act of Con gress entitled An act to protect trade and commerce against unlawful re- straints and monopolies,' approved July 2 1890, and that said suit is. in my opin- ion, a case of general public interest.
 q therefore request that, complying with the provisions of an act of Congress entitled An act to expedite the hearing and determination of suits in equity pending or hereafter brought under the act of Congress of July 2, 1S90 entitled An act to protect trade and commerce against unlawful restraint and monopo- lies, approved February il, 1903," you will file this certificate among the records of the above entitled cause, and immedi- ately thereafter furnish a copy thereof to each of the circuit judges of the Fifth circuit to the end that said case shall be given precedence over other cases in said court, and be assigned for hearing at the earliest practicable date before not less than three of the circuit judges of said circuit, as provided by the said act of February Il, 1905.
 "WILLIAM S. KENYON,
 Acting Attorney General. "washington. D. C.. September 30, 1910"
 VIII Lend Department Aid
 The request, coming as 1t does directly from the Attorney Generals office in Washington, indicates stronger than any other incident connected with the case that the entire department of justice in Washington is alive to the grocers as- sociation case, and intends to assist O.. D. Street, district attorney, as much as possible The certificate was filed by the local attaches of the department of justice with Maj. Charles J. Allison, clerk of the United States court. He immediately, as requested in the certifi- cates, mailed a certified copy of the rec ord to the following circuit judges:
 Judge Don A. Pardee, Atlanta.
 o. P Mccormack, Dallas, Tex.
 D. D. Shelby, Huntsville.
 District Judge May Assist
 Under the law this certificate makes it imperative that the court designate two of its number to try the case. It is also possible for the court to have one dis trict judge to assist them in the place of one of their own number. If this Is de- cfded upon, Judge William l. Grubb of this division is expected to be invited to sit with the court The illness and feeble health of Judge Mccormack is expected to provide such an evigency. The case will after this step not be heard by any district judge. However, as the case originated in this district. 1t is expected that the circuit court will convene in this city when the case is brought up. This is said to be the law. and in addi- ton the court is expected to sit here by reason of judicial courtesy which is well established by precedents.
 The next move, according to an opinion expressed yesterday by local Jurist, is for an application to be made for the appointment of an examiner to take the testimony in the case. Now that the case has practically been removed from the hands of Judge Grubb. the court will necessarily have to appoint the man to take the testimony When this has been done the witnesses will be examined. After the examination has been conclud- ed the circuit court judges will pass upon the testimony and any disputed phases of it. Thereafter arguments will be heard.
 The decision of the court which will try the case is final except as to the su- preme court of the United States.