Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-06
Officials Confer Regarding the
Governments Action.
INQUIRY BY GRAND JURY
Meeting Inconclusive as to the Pres
entation of Evidence.
PACKING COMPANIES PROTEST
Effort to Show That Combination Is
Violating the Sherman Anti
Trust Law

A conference of officials of the De-
partment of Justice who have been active
in the collection of evidence to show that
the so-called beef trust is violating
the Sherman antitrust law and in pre-
senting it to the federal grand jury at
Chicago. was held yesterday to deter
mine the future course of the govern
ment against the combination which the
administration believes responsible for
the high price of beef. 1t was incOnclu-
sive, and other meetings will be held to-
day and probably tomorrow
L. c. krauthoff of New York. repre-
senting one or more of the packing COM
panies affiliated with the larger organi-
Za.ion, was present for a part of the
time With him the officials went over
the situation as it appeared to them
following the inquiries instituted by the
government which prompted the proceed
ings against the Chicago packing in
terests
Argues Against Action.
Mr. Krauthoff made an argument to
avert action of any kind against the
packing companies. contending that they
were all right and that the government
was not warranted in proceeding against
them, as they were not guilty of violat
ing the law. The conference was at,
tended by Wade III. Ellis, assistant to
the Attorney General who has directed
the inquiry into the acts alleged against
the packing companies; Edwin w. Sims,
United States attorney at Chicago; his
chief aid. James H. Wilkerson, and Oil
yer E. Pagan, the governments indict-
ment expert, who has been actively en-
gagged in the presentation of evidence be-
fore the Chicago grand jury. With great
care they went over what already had
been done and very frankly discussed
the possibility of securing a conviction
both under the civil and criminal pro-
visions of the antitrust law.
Course Is Undecided
The government is anxious to win this
case, one Of the officials present said. 1t
is undecided whether to first institute
civil action to dissolve the National Pack
ing Company as being combination in
restraint of trade, or to endeavor to Sc
cure a conviction of individuals as being
criminally responsible for the conditions
existing. Experience has shown that 1t is
easier TO obtain a verdict against a comb
nation than against an individual, be-
cause Of the natural reluctance to send a
man to prison Just what shape the in
dictments will take, if any. remains for
In the proposed prosecution of the So
called beef trust the administration
has been embarrassed to some extent
and it early was apparent that the limit
Of three years in which the acts Of the
combination could be called into question
would work a hardship in the effort to
secure a conviction.
Government Hampered.
Immunity from prosecution for any
thing done prior to that time has neces-
sarily restricted the government in the
collection of evidence that might be
damaging to the trust. Other legal con-
ditions touching the operations of the
trust also have operated to affect the
governments position.
The absence of any positive statement
on behalf of the Department of Justice
to the precise course to be pursued
against the packers has created the i'm
preston n some quarters that the govern
ment's case against them is not sufficient
ly strong to warrant prosecution. All the
officials will admit. however, is that final
decision has not been reached.
Mr.. Sims will return to Chicago soon
as the conferences here are concluded
and Mr.. Ellis will leave Washington
Monday night to resume his work with
the republican state executive committee
of Ohio.