Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-11-15
SURPRISE TO GOVERNMENT
USE SAME JUD g MENT AS IN
SEEKING TO HAVE THEIR IN
DICTMENTS QUASHED.
ALL were IN CUSTODY
Charged That Act Attempts 10 Ehab-
lish Civil Acts As Crin,lnal--
Rcturnablc Thursday.

CHICAGO, Nov. 14.-On applica-
ton of counsel for the defendants in
dlcted In the beef trust cases, Judge
Kohlsaat in the United States circuit
court late today issued a writ of ha-
beas corpus for the release Of the ten
packers. The writ is returnable next
Thursday. The action of the pack
ers came as a surprise to the govern
ment.
1t is a further effort Of the indict-
ed Chicago meat packers to avoid
trial, and to have declared uncon-
stitutional, void and Of no force. the
Sherman antitrust law.
Surprise to Government.
Tho latest move was a surprise TO
the government consisting in tho
surrender to the United States mar
shall of the packers, and an appeal to
the circuit court, Judge IKohlsatt, for
writ of habeas corpus. The argu-
ments viii be heard Thursday
The request for a decision on tho
constitutionallty of the Sherman anti
trust law before undergoing trial, was
said to have been taken as a neces-
sary step to carry the case before the
United States supreme court without
the cost of delay of trial.
What Violation Means.
Violations of the fifth and eighth
amendments to the federal legisla-
the act either to create an offense
against the government to so define
what 1t sets up as an offense in
manner that would enable the citizen
to know when he erred, and when
not charged against the Sherman law
was recently Interpreted by the Unit
ed States supreme court In the STAN
dard oil and tobacco cases.
Attorney John S. Miller, who. as
chief Of counsel for the packers con-
Quoted todays court action, character
lied the Sherman law as met large
enough to catch all possible Offend
ers, and leaves II to the courts to
step In and say who rightfully can
be detained and who set at large"
Wero I'm Custody, Too.
OF the ten packers indicted. all but
]. ogden Armour were temporarily
in custody, while the petition was
heard. The men were:
Lewis G. Swift, president of Swift
e Co.
Edward Swift, vlce-presldent of
Swift & Co.
Charles II. Swift. director of Swift
& Co.
Edward Tilden, president National
Packing company.
Arthur Meeker general manager
Armour e. Co.
G. Co.
Francis Fowler director Swift G. Co.
Thomas j. Connors, director Ar
mour & Co.
Louis /. Heiman. director Morris
& Co.
Goes Into Details.
The petition for n writ of habeas
corpus contained little material 9TH
er than the arguments used by the
packers before United States District
Judge Carpenter when they sought to
have the indictments quashed, and
later In arguments demurrlng to the
courts decision In the indictment con-
troyersy. 1t goes into more detail al
legation Of lnsufficiency OF the statute
to set up a crime IL lays more stress
on what the attorneys for the pack
ers characterize as the citizens in
ability to know whether he Is a law
breaker before Jury trial. Along this
latter line the petition said:
No Standard Set Up.
"The alleged criminalty OF alleged
complained OF In the In
dlctments depend entirely upon a par
tlcular case; 1t will depend not on
any standard erected by the law
which may be known in advance, but
on one that may be created by the
whim, prejudice or arbitrary Views OF
a jury.
There is no set standard fixed or
attempted TO be fixed. to guard the
citizen to a knowledge of his guilt
or innocence OF an offense charged
before 1t has been adjudicated.
''The acts violated the sixth amend
ment to the constitution of the Unit
ed States which requires that tho
petitioner severally shall be Informed
Df the nature and cause of the accu-
sation."
II is further charged that the act
attempts to establish criminal acts.
not criminal but civil In their nature.
The large number of witnesses nee
sssary to the multitudinous of a ma
iional business is pointed out as an
which they will oppose as
IN unconstitutional act and to be de-
ermined.