The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-01-25
FEDERAL GRAND JURY is EMPAN.
ELED IN CHICAGO TO MAKE
iNvESTIGATioN.
STATEMENT BY lands
Judge Of Court Delivers Charge to
Panel, in Which He Expresses Sur
prise at Newspaper Stories From
Washington in Regard to Starting Of
Probe by Government Officials.

Chicago. Jan. 2I.-Judge Kencsaw
court in his charge to the federal
grand jury assembled today to investi-
gate the methods of the so-called
beef trust declared it was through
Information furnished by him that ths
present proceeding was started. Judge
Landis also said that after he had no
titled the United States district attor-
ney in Chicago on January % he was
surprised to see on January % notices
in the newspapers. coming obtensibly
from Washington. that the government
that action on the beef trust investi-
cation. II was announced, however.
that action on the beef trust investi-
CATION would be postponed for a few
days until some docket cases had been
considered. 1t was explained that the
present investigation was of such inn
portance that it would be better if the
jury were given little time in which
to familiariZe itself with the routine
of grand jury procedure before con-
sdering the evidence to be submitted
in the packers case.
Having in mind the duty of the dis
trict attorney" said Judge Lands, Il
notified that office on the Goth of the
present month that on your assembling
here today the court would direct your
attention to the subject that two days
later there began widespread newspa-
per publication of matter purporting to
come from Washington and expressing
the intention and determination of GER
tain governmental functionaries there
as to this proceeding. and alleging in
that connection, their purpose with re-
spect to certain individuals residing in
this district.
Caution Jury.
Without assuming here officially
that there is anything behind the pub
lications except journalistic enterprise,
caution you to pay no attention
whatever to them. as il will be your
duty conscientiously to refrain from
making any discussions of matters
transpiring in your jury room. This is
so for two reasons-in the first place,
If an individual is indicted. he ought
to have the right of trial by a jury
taken from an atmosphere that has not
been surcharged with feeling against
him and in the second place if he is
not indicted, it is not right that i,
should be published from time to ting
that evidence showing him guilty of
criminal conduct had been presented to
the grand jury.
Various reports of alleged circum-
stances and conditions in connection.
with the meat industry have come to
me. While the representations Sc,
81. Ia In. .t.,,, to
do not necessarily imply violation of
federal law. they are of such character
as to clearly impose on the court the
duty OF directing your attention to
them to the end that the subject may
have at your hands the investigation
and consideration its Importance re
luires.
The statute declares every contract.
combination in the form of trusts or
otherwise. or conspiracy in restraint oi
trade or commerce among the several
states or with foreign nations. to be
Illegal and it is provided that every
person who shall make any such con-
tract, or engage in any such combina
ton or conspiracy or who shall monop-
olize or attempt to monopolize. On
combine or conspire with any other
person or persons to monopolize. any
part of such trade or commerce. shall
be deemed guilty of misdemeanor.
Free Competition.
While YOU will observe that by this
enactment congress has prescribed the
rule of free competition among those
engaged in interstate and international
trade and commerce. l desire to i'm
press upon you that it is not within
the competency of congress. nor does
the act attempt to deal with trade or
commerce which is wholly intrastate."
After enlarging on the fact that con-
gress cannot interfere with commerce
within a state. the court continued:
You will preceiye intent is the essence
of this offense-that is to say. there
must be a conscious purpose on the
part of the accused to suppress COM
petition by cooperation to that end.
The law does not concern itself with
mere coincidence of conduct in the
absence of such intent"