The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-01-25
JUDGE lands IN
PECULIAR ATTITUDE
Court Announces to Grand Jury
That He Furnished InfOr-
nation for Probing.
PUTS BLAME FOR LEAK
ON OFFICERS OR PAPERS
Cautions Members of Grand
Jury to Pay No Attention to
Newspaper Publications.

CHICAGO Jan, 24-Judge Kenesaw
M. lands OF tho United States district
court, In his charge to the federal grand
jury. assembled today to investigate the
methods OF the so-called beef trust" de-
clared It was through information fur
nished him that the present proceeding
was started.
Judge Lndis also said that after re had
notified the United States district attor-
ney In Chicago on January 20 he was
surprised To see on January 90 notices in
the newspapers. coming ostensibly from
Washington. that the government ofri-
cials there had ordered the investiga-
tlon.
Delay Was Desired.
on the beef trust" investigation would
be postponed for a few days until some
docket cases had been considered. 1t was
explained that the present investiga tion
was OF such Importance that II would be
better II the jury were given little time
in which to familiarize itself with the
routine OF grand Jury procedure before
considering the evidence to be submitted
In the packers case.
Having in mind the duty OF the dis
trict attorney said Judge Lands, II no.
tiiied that office on the 10th OF the pres
ent month that on your assembling here
today the court would direct your atten
tlon to the subject Of the present In
vestiSatiou,
1T is n source OF profound regret that
two days later there began widespread
newspaper publication of ma tier purport-
Ing TO come from Washington. and ex
pressing the intention and determination
OF certain governmental functionarics
there as 10 this proceeding, and alleging
In that connection, their purpose with re-
spect TO certain individuals residing In
this district,
Caution to Jury.
without assuming here Officially that
except journalistic enterprise. / caution
you TO pay no attention whatever to
them, as 1t will be your duty conscien-
tiously to refrain from making any dis
closures OF matters transplring In your
This is for two reasons-in the first
place, II 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, II he Is not
indicted, II is not right that II should be
published from time 10 time 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 set forth In
necessarily imply violation OF federal law.
they are OF such character as TO clearly
impose upon the court the duIy OF direct
Ing your attention to them to the end
that the subject may have at your hands
the investigation and consideration its
Importance requires.
Construction Of the Law.
"The statute declares every contract.
combination In the form OF trusts or 9TH
erwise. or conspiracy In restraint OF trade
or commerce among the several states or
with foreign nations. TO be Illegal, and
1t Is provided that every person who shall
make any such contract. or engage In
any such combination or conspiracy or
who shall monopoliZe or attempt to mo-
nopoliZe. or combine or conspire with
any other person or persons 10 monop-
olize, any part OF such trade or commerce
shall be deemed guilty OF a nlisdemeanor.
while you Will observe that by this
enactment congress has prescribed the
rule OF free competition among those en-
gagged in interstate and international
trade and commerce. / desire TO impress
upon you that IL is not within the com
potency Of congress. nor does the act at
tempt to deal with trade or commerce
which is wholly intrastate.'
After cnlarging on the fact that con-
gress cannot interfere with commerce
within a state. the court continued:
You Will perceive intent is the essence
OF this offense-that is to say, there must
be a conscious purpose on the part OF thu
accused TO suppress competition by CO.
operation to that end The law does not
itself with mere coincidence of
conduct In the absence OF such intent"