The Birmingham age-herald., 1910-01-25
LANDS TAXES UP
 BEEF TRUST CASE Grand Jury Is Instructed Not to Notice Press Reports SOME DELAY IN THE TRIAL Judge Landis Will Handle Some Minor Cases For Few Days Before
 He Will Take Up the
 Beef Trust.
SOME DELAY IN THE TRIAL

Chicago, January 24.-Judge K. M. Landis of the United States district court in his charge to the federal grand jury assembled today to investi- gate the methods of the so-called beef trust" declared that it was through in- formation furnished by him that the present proceedings was started. Judge Landis also said that after he had notified the United States district attorney in Chicago, January 20, he was surprised to learn, January 22, there were notices in the newspapers coming ostensibly from Washington to the effect that the government officials there had ordered the investigation.
 It was announced, however, that "ae- tion on the beef trust investigation" would be postponed for a few days un- til some cases on the docket had been considered. It was explained that these cases would be of such importance that it would be better if the jury was given a little time in which to dispose of these before familiarizing itself with the routine of the grand jury procedure and before considering the evidence to be submitted in the packers cases.
 Landis Cautions Jury.
 After Judge Landis had read his charge the jury proceeded to take up some cases of minor importance.
 Having in mind the duty of the dis trict attorney" said the judge. T noti- fled that office that on the goth of the present month that on your assembling here today the court would direct your attention to the subject of the present investigation. It is source of pro- found regret that two days after there began widespread newspaper publica- tion of matter purporting to come from Washington and expressing the inten- tion and determination of certain gov ernmental functionaries there as to this preceding and alleging in that connec- tion their purpose with respect to cer- tain individuals residing in this dis trict. Without assuming here officially that there is anything behind these publications, except journalistic enter prise, l caution you to pay no atten- ton whatever to them, as it will be your duty to conscientiously refrain from making any disclosures of matters transpiring in your jury room"
 After cautioning the jury to maintain absolute secrecy Judge Landis con- tinued:
 'sThis is so for two reasons. In the first place if an individual is indicted he ought to have the right of trial by jury taken from 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 it should be published from time to time that evidence showing him guilty of criminal conduct has been presented to the grand jury"
 Beef Trust Case.
 Judge Landis devoted the first part of 1 his charge to general instructions on the duty and procedure of the jury, and then considered the beef trust case.
 ''Various reports of alleged circum- stances and conditions in connection with the fresh meat industry have come to me-" said he. While the representations set forth in these complaints, even if true. do not necessarily imply violation of Fed eral law, they are of such characteristics as to clearly impose upon the court the duty of directing your attention to the matter to the end that the subject may have at your hands the investigation and consideration its importance requires.
 "The statute declares every contract, combination in the form of trusts, or otherwise, or conspiracy in restraint of trade or commerce among the several states, or with foreign nations, to be ille- gal and it is provided that every per- son who shall make any such contract or engage in any such combination or conspiracy or who shall monopolize or at- tempt to monopolize or combine or con- spire with any other person or persons to monopolize any part of such trade or commerce, shall be deemed guilty of i misdeameanor.
 Free Competition.
 "Whfle you will observe by this enact ment Congress has prescribed the rule of free competition among those engaged in interstate and international trade and commerce, I desire to impress 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 amplifyfng upon the fact that Congress cannot interfere with commerce within a state, Judge Landis continued:
 You will perceive that intent is of the essence of this offense-that is to say, there must be a conscious purpose on the part of the accused to suppress competi- tion by cooperation to that end. The law does not concern itself with mere coinci- dence of conduct in the absence of such intent