The Butler weekly times. (Butler, Mo.) 1881-1918, 1910-12-15
IT DOES NOT APPLY
sSt II n MEA-AND- MEAT PACKERS
mJST STAND
TRIAL.
PLEAD STATUTE OF LIMITATION
Supreme Court Holds That Conspiracy
Is Continuing oftense-Deeision
viii Also Apply to Tobacco Cases
Attorney General is Elsted.

vas lington, Dec. l4.-By unanimous
,eclSion the supreme court decided
lat conspiracy is continuing of
..rse and the statute of limitations
.lereiore does not shield the Sugar
tESt conspirators from trial by jury
or taeir offenses against the Sher
ran antitrust law.
Not only does ii force John L. Par.
ons and all the other directors and
officials of the sugar trust, indicted
or conspiracy in restraint of trade TO
lose the Philadelphia Sugar Refining
"mpany of Philadelphia but 1t estab
.i,hes precedent whereby the per
nal guilt of all trust officials may
. tried out before a jury without the
atervention OF the statute of limita.
.ons to save tnem from past offenses
declares the decision, the literal
aiming Of which is that the crime is
o; a. end when the conspiracy is con
sumated, but that it continues to be q
r.Te as long as the state of affairs
b"ought about by the conspiracy con
nues to exist and for the recess OF
he period of statute of limitations
hereafter
Affects Packers Also.
Specifically this brings the beet
trust magnates within the pale of the
law and they must face a jury despite
IN appeal to the statute of limitations
And in all other big trusts cases
whether tobacco, oil, electrical or any
other in which the accused magnate
may seek to evade punishment b!
appealing to the statute OF limitations
the same rule laid down by the SUI
preme court will apply
The decision as was pointed out al
the department of justice furnished
the clews which the attorney general
has long needed to put the finishing
touches to the most barefaced of the
criminal combinations. The statute OF
limitations was practically the last
line of breastworks that the trust men
had to fall back on and by its decision
the supreme court has forced them
out into the open where they will
have to fight on the sheer merits OF
the law and the facts.
1t Is interesting to note that the de,
cision was rendered within a few
minutes after the senate had unani.
mously confirmed the appointment OF
Associte Justice White who was among
those who upheld this definition of the
law. The attorney general was elated
over the decision as was also United
States District Attorney General Wise
who was with Mr. Wickersham when
news of the ruling reached the depart.
ment.
All Must Stand Trial.
The attorney general said that the
decision spoke for itself and con.
CURED in the opinion that it meant
that all members of the sugar trust
must stand trial. He issued instruc,
tons to District Attorney Wise to
take steps to prepare the cases for
trial as soon as the judgment of the
court is made final Mr.. Wise re.
turned to New York flushed with vic.
tory and ready to move the cases OF
the sugar trust men for trial at the
earliest possible moment.
The decision handed down, was in
he case of Gustave Kissel, and Thorn,
as B. Harmed, two of the indicted
trust officials, which had been sub.
mitted as a test case in the United
States circuit of New York and which
Judge Holt sustained the contention
of defendants that prosecution for
the alleged conspiracy was barred by
the statute of limitation
Pending the decision of the supreme
court on the mooted point, the cases
against the other accused officials
were temporarily laid aside, since it
was agreed that II Kissel and Harmed
were exempt under the statute OF
Limitation the others also would have
to undergo the same ordeal