Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-07-06
PACKERS NEED NOT
PRODUCE BOOKS,
DECLARE COUNSEL
Unconstitutional, It Is Asserted,
Though Prosecutor Garyen
Takes Opposite View.

TRENTON. July 6.-Whether or not
the National Packing Company, Ar
mour & Company, Swift & Company
and Morris & Company will be re-
CURED by the New Jersey courts to
produce their books In this State for
inspection by the Hudson county
grand jury was a question argued to-
day in the Court of Errors and APP
peals. Justice Swayze, In the Supreme
Court, made an order requiring these
beef companies to produce certain
documentary evidence before the Hud-
sour county grand Jury. the specific
case before him at the time of that de-
cision having been the one of Prose-
cutor Pierre p. Garven against the
National Packing Company. The COM
pany went to the Court of Errors on
appeal and the argument in the appeal
is being heard now. Justice Swayze's
order was affirmed by the Supreme
Court.
Just before the close of yesterday
afternoons session of the Court of
Errors the National Packing Company
case was reached and r. v. Lindabury
and former State Senator William D.
Edwards opened their side of the argu-
ment for the beef trust before the hour
of adjournment. When the court on
vened this morning Mr.. Lindabury
made the argument for the companies,
followed by Prosecutor Garven for
Hudson county.
Mr.. Ldndabury's argument was that
1t Is against the elements of common
law and equity to require corporations
to produce their books for the purpose
Of evidence, unless such production be
for the enlightenment of a court of law
or equity. He further held that If a
court of law Or one of equity should
require the production of books the
corporation of which the demand was
made would have to be a party to the
suit. He held that the corporation act
requires only the production of books
when such books are needed for eviden-
tial purposes in a pending litigation.
Proper Cause Not Shown.
Mr.. Lindabury further argued that
the petition before the Supreme Court
did not show the proper cause for an
order requiring production of the books
and held there was no warrant for such
an order. He hen went on to say:
ut appears from the record now be-
fore this court that the books consti-
tute material evidence to support the
charges against the packing company
and it's officers Inc directors set forth
in the indictment, and that the order
compelling the defendants to bring the
books within the Jurisdiction of this
court to be produced before the grand
inquest for that purpose constitute an
unreasonable search and seizure In
violation of Section 6 of the constitu>
ton of the State of New Jersey, and
of the same provision contained In the
fourth amendment to the constitution
of the United States.
1.-THE facts that these books may also
be needed In some other proceeding, the
character of which and the parties to
which are undisclosed, and in which
these defendants nay or may not be in
volved, does not deprive them Of their
constitutional right to be protected
against the production of documents.
which, 1t is apparent, are material to
establish against them h offense
charged in the Indictment"
Declares Argument Unsound.
Prosecutor Garven submitted that
the argument of the other side was
ulbOblu III nCld al lAc OatSCt LILO
constitutionally the States are not re-
strained by the first ten amendments
to the Federal constitution, which, he
argued, are intended to apply to the
United States government. Courts
have held to this effect repeatedly, said
the prosecutor, for which eason the
objection of the beef company based
upon the fourth and fifth amendments
to the constitution will not hold. He
claimed that the New Jersey constitu-
ton by prohibiting unreasonable
searches and seizures intended that
reasonable construction be given in
his matter.
Concluding his argument Prosecutor
Garven discussed that phase of the
company's argument that 1t Is not
forced to incriminate itself. The pros
ecutor declared hat this law cannot
be extended to embrace corporations.