Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1911-11-16


Chicago, Nov. 16.-Coul1seI for the
government and for the packers under
indictment for criminal violation of the
Sherman antitrust law. who yester-
day surrendered themselves to the fed
eral authorities and through their law
yers secured an order for a writ of
habeas corpus busted themselves today
in preparation of the arguments they
will present when the case is called at
10 O'Clock tomorrow morning before
Judge c. c. Kohlsaat in the United
States circuit court.
Although Judge Koi.sant'e action on
the writ VIII be awaited Wit, keen in
tcrest, it was the general opinion to-
day that whatever the ruling of the
court may be the whole affair Will be
delayed for a Ions time II the deci-
sion favors the packers, District AT
torney James II. Wilkerson will appeal
O. the supreme court of the United
States and If it is against the packers,
counsel 70" the indicted men VIII carry
their cases to the higher court. In
either case the so-called beef trust
case Is for the present out Of the iuris-
diction Of the ITr,tcs, States distri 4
court where Judge Carpenter had set
the trial of the packers for next Mon
day.
Going to Supreme Court.
Speaking of the case last night, Judge
kohlsaat said
This is one method of gettins the
law question alone before The supreme
q question of fact. 1T is done. as
understand it, for the purpose of get
ting construction of the Sherman
antitrust law as 1t affects the ques-
tion involved in this ease.
Interpretation of the criminal psas
nf tr-f1c l.,,y
should be secured as soon as possible
to make the situation clear to the bust
ness interests oe the country"
Judge Kohlsaat said he would no,
regard these proceedings as n review OF
Judge Carpenters rulings. He said his
ter had not passed on the questions
involved in the Application for a writ
Judge kohlsaat also said that ii was
not necessary that the government at
torneys be given notice by opposing
counsel In cases ~ this kind.
Statement of Prosecutor.
The move obviously is for delay
should have given us notice and Ger.
tainly should not haze waited unit
the venire was called II would seen
that If any attempt of tine kind wer,
to be made it should have been made
at least six weeks ago. Witnesses hav,
hes 80 ~, .i,,| niiu ..S sose.l'ii'eh
a,,. fp,.e .l " siso, ~ '.oG, . eAiei'ss 10 pre-
.nnt., 80. f. -.
ha,.a al ..,ss .i,s ae1e.losi.i ii ~
preliminary writ means nothing. I'll,
writ Tlara i. ,tni,,.r .,.s,.e, ~ -, ~ ~
It, AZ, ,.,,nt. ,n't..1ns , ,iosci ~ ~ w
petition have neen ruled on NV y Ind 1,s, ~,
Carpenter in favor OF the government
1t has developed that since the re-
turn of the Indictments there has beer
q cornpiete reorganization of the Ma
tional Packing company. In the opin-
ion of government officials this COM
pany is the central point of the So
called trust.
Private weekly meetings, at which
the government charges prices were
fixed. territories allotted and amounts
OF Interstate shipments by each firm
declded. nave been discontinued and il
their place monthly meetings are now
held by the directors.
Edward Tilden, president of the com.
panY, and one of the 10 men under in
dictment, remains as president and di
rector. Ogden Armour, Edward
Morris. the Swifts and the other de
PENDANTS have resigned. Nine men. in.
stead of 10. now make up the beard o
directors.
The grand Jury, acting on the testi.
mony of Jerome FL. Pratt head of the
beef sales denattment of Armour &
acted at these weekly secret ,neetinor