New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-02-28
GARVEN GOES SLOW
SURE or HIS GROUND.
If Meat Charges Fail L. ..
MAJ Take a Hand.

If the indicted directors OF the National
Packing Company decide to ignore the &C
. ton of the New Jersey court, extrao''ioh
warrants will be issued, and II they success
fully resist them. then the evidence On
which the indictment was based will be sub
rnitted by Prosecutor Garven OF hudson
County TO the federal officials
The report from Chicago that the indicted
men would fight says that under the de-
cision of the Illinois courts only 'fugitiVes
from Justice can be extradited. oHd ti'at
the New Jersey officials will fad 10 meet
the requirements under the Illinois pro
ceedings. Prosecutor Garyen, when inter-
rogated about this last evening. said;
THE indictments having been found, II
now devolyes on me to get the defendants
into court. If my efforts are not successiut
and the defendants succeed in resisting
extradition, i viii! then submit me evidence
in my possession on which the 1ndlctfneit
was found to the federal government 1or
use in their investigati ton Of the trust
am not disposed to act hastily in a case OF
SO much importance. reasonable time
has been asked by counsel and I. mas been
granted, with the expectation tha- the de-
PENDANTS will surrender to plead Ii they
do not appear within a reasonable time 1
will move as against any other fugitive 10
have them brought into court on extradition
The relations of the states are so pleasant
that question that the warrant OF the Gov
ernor of New Jersey will not be honored
by the Governor of Illinois or any other
state. I do not expect that II will be
necessary to resort to drastic measures as
/ confident the accused will voluntarily
present themselves in court and p,thG-
uTc AScJcTAN7-,c VIEW
Ex-Assistant Prosecutor Joseph NJ. Moo
nan. who has assisted Prosecutor GarVen
in formulating the indictment. and will
probably assist in the trial. when apprised
of the statement from Chicago that the
New Jersey officials would be thwarted in
the extradition of the nonresident dfrec-
tors residing in illinois, said:
Il do not wish to argue the case out or
court but 1 suppose l may express my ap-
probation of the, fact that the prosecution
is conceded by the authors of this state
ment to be conscientious and inspired by
good motives, II is comforting to know
that even in the opinion OF our adversaries
mean well. But when the Chfcagoan
legal mind goes to adjudicate that the
prosecution lis, the face of il. absurd,
the obvious answer would seem TO be that
the defendants should lose time in COM
posing in the only effectual way in which
it can be done, the alleged manifest abb
surdity of these proceedings. In the state
ment purporting to have been issued by
the defendants counsel at Chicago / find
such points made as that some of the COM
panies indicted have no storage houses in
New Jersey, that the indicted have
not been in New Jersey to conspire, and
that If Mr.. GarVen sends men TO Chicago
with capases the packers will not accept
service
LAS these points exhibit complete mis-
conception of the legal situation, of the
law of conspiracy, the significance OF
the reference in the indictment to the stor-
age houses and of the nature and func-
ton of the writ of capias, these passages
in the Chicago statement look very much
as If they had been prepared by the en-
inent clients OF the eminent counsel for
the defendants. II the statement is authen-
tic and I am nor at all sure that 1t is,
the defendants and their lawyers appear
to have decided to refuse to submit to the
Jurisdiction of New Jersey and to fight ex-
tradition to the last ditch In pursuing this
policy they will, no doubt. in the opinion
of many, be acting with characteristic
arrogance and defiance and will be adopt
ing line of conduct which will be popu-
larry regarded as an ADMISSION OF tNeir
own consciousness of the truth OF the
charges alleged against them in the in
dictment.'
WILL STAND, HE IS SURE.
Concerning the prospective attack on the
indictment, he said: 81 don't think there is
the slightest chance in the world of It's
being quashed. 1t is drawn upon the COM
mon law, and there can be no question
but that the offence which 1t charges was
an offence at common law. Under our con-
stitution all offences at common law are
indictabIe offences in this state. unless
where they have been expressly repealed.
One of the indicted men will be unable
to combat extradition. He is James E.
Bathgate, of Newark. His counsel, ex-
Judge Robert S. Hudspeth, has promised to
produce him. 1t is said. too, that others
among the indicted live in New York
and other states than Illinois, and would
not be benefited by the alleged legal tech
nicalityHthat will render valueless the New
Jersey warrant of extradition.
A movement against the PENNSYLVANIA
Railroad Company and others has been
instituted by Frederick l. Kratz, of Jer-
sey City, livestock commission merchant
al the local stockyards. He points to the
fact that the stoekyards are now pract-
cay idle that they receive now five or
ten carloads of stock day, against
many hundred carloads decade
more ago, and that this reduction is In
The interest OF the alleged trust. as it shuts
cut competition here. He has conferred
with Prosecutor Garven and the federal
officials, and is corresponding with
United States District Attorney E. W.