Omaha daily bee., 1911-05-13
Demurrers of Chicago Packers in
Beef Trust" Case 0verruled in
Federal Court.
BUSINESS MEN MUST ANSWER
May Have Bearing on All Antitrust
Litigation.
CLAIMED NO CRIME DEFINED
Court Declares This Not True in Case
Of the Law.
INDICTMENTS ARE ALSO GOOD
Court Rules ,. Ogden Armour and
Other Packers Must stand Trial
ON the Charge of ViOlat-
ing IL.
-sINEss MEN MUST ANSWER
CLAIMED NO CRIME DEFINED
INDICTMENTS ARE ALSO GooI

CHICAGO. May 12-The demurrers Of
the Chicago packers IN the beef trust"
case were overruied today by Judge Car
penter I'm the Tinted states district court.
In his ruling Judge Carpenter declared
that the Sherman antitrust law, which
had been attacked by the packers, is con
stitutional He also held that the indict-
ment charging }. Ogden Armour and other
packers with violating its provisions is
valid.
Judge Carpenters decision may have an
indirect bearing on all antitrust litigation
in the United States in upholding the com
pleteness and stability OF the sherman act.
OF this feature the court said
Congress aimed effectually to prevent
restraint Of trade in interstate commerce,
II had constitutional power to accomplish
this purpose by making restraint of trade
criminal acts, or by empowering the United
States as complainant to secure injunctions
against acts which constitute restraints
Of trade, or by both BY passing the sher-
man act, It did both"
Position of the Packers.
The packers had based their demurrers in
part on an assertion that the act did not
define a crime or provide legal and con-
sututional means Of correcting the abuses
1t was designed to CONTROL the decision
directly denied this assumption They
also claimed that the act did not define the
misdoing in terms that would enable the
defendant TO know in advance that such
performances as It condemned we're illegal
OF this the decision says:
81 am of the opinion that the supreme
court of the United States has determined
that Sections l. and OF the sherman
act define with sufficient accuracy the Of
fenses therein enumerated"
As to the stability Of the idictment. Judge
Carpenter said:
II do not see how the grand jury could
have made the charge more definite and
believe It is sufficiently specific TO satisfy
the substantive law ~.
The whole plan Cthat Of the packers Gs
alleged in the lndictmenD from its incep-
tion appears plainly TO be one TO eliminate
competition as factorSinF fixing prices
among the three groups of defendants, be-
ginning with the aGreement not to bid
against each other. and. In fact. TO bid
exactly the same amounts for like grades
of 1--we stock. fixing a Uniform selling price
and ending with fixing a uniform price Of
sale and an apportlonment among them
selves OF the total business done
GNAorhce OA AoMOpoAy CDm1PAetes
Il am Of the opinion that the facts
stated in the indictments show clearly a
plan or scheme organized and put in oper-
alton by the defendants, the ultimate pur-
pose of which was TO control the produc-
tlon. sale and distribution OF fresh meat
throughout large section of this country,
and as incidental to that control to lower
prices to the producer OF the raw ma
terial and raise prices to the consumer
Of the finished product While the facts
do not disclose an absolute monopoly, vet,
the large percentage of the business which
they control indicates that they intended to
acquire at least successful commercial
MONOPOLY
Judge Carpenter, overruling the demur-
rers, said he did not think the trial could
be held before fall. May IL the packers
VIII appear and plead to the charges or
file petition for a bin OF particulars.
Government attorneys question their right
to ask for such q bill after the action
today. but that will be decided at the ses-
sion May IL.