The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-11-23
INDICTED PACKERS
FORESEE VICTORY
Believe Judge kohIsaat Will Sus-
tain Habeas Corpus.
CHARGE U. S. DELAYS CASE
District Attorney 4 Wilkerson Denies
New Allegation and Wants De-
PENDANTS Placed on Trial
Monday. ...... 49,.

Chicago, Nov. Especial: A big
victory was gained in the eight-year
fight to prosecute the nine big Chica-
go meat packers for alleged monopo-
lization when Judge Kohlsatt today
quashed the writ of habeas corpus,
which he had previously granted.
Judge Kohlsatt's decision is based on
the ground that the district judge be-
fore whom the packers appeared for
trial Monday has jurisdiction in the
case. Attorney Mayer, for the pack
ers, at once gave notice of appeal, de-
handing the court fix a bond. He
maintained that if Judge Kohlsatt re-
fused an application would be made
to higher federal court for a man.
damus and a writ of certiorari, which
would prevent the trial Monday.
Judge Kohlsatt took the matter of ap-
peal from his ruling under advise
ment, but later granted it, but in so
doing held that the appeal on the
habeas corpus question of law was
separate from the question Of facts
which should mean that the packers
must go on trial Monday. Attorney
Mayer said the defendants faced the
humiliation of being locked up in
Jail, pending decision of the SUI
preme court or an appeal.
Chicago, Nov. 1S.-Announcement
by Judge Kohlsaat that he has little
doubt of his jurisdiction in the beef
trust cases was jubilantiy received by
the packers. Their counsel believed
1t indicated that Judge Kohlsaat will
sustain the writs and that the action
of the packers will enable them to
avoid going to trial On criminal
charges before Judge Carpenter in the
United States district court next
Monday.
Charge Government Delays.
Charges that the government is try
ing to delay the final outcome OF the
cases, instead of expediting the pro-
ceedings, were made by counsel for
the packers when the arguments were
resumed before Judge Kohlsaat. At
torney John s. Miller appeared as chief
of counsel for the indicted men.
President Taft was brought into the
case by counsel for the defense, who
said: 1T was that learned Judge who
is now president of the United States
who said: To leave u to the courts
to decide whether a restraint is rea-
sonable or unreasonable would involve
the judiciary in disaster
THE government Is trying to delay
the determination of these cases so
that it can continue to swing the club
of Hercules to the terror OF merchants
and manufacturers OF this country"
Raises Packers Hopes.
Judge Kohlsaat's decision that the
surrender OF the defendants, which
the government claimed was irregular,
was valid and in accordance with law
raised their hopes again, as District
Attorney Wilkerson had regarded this
as one of the most important points
In the argument to quash. Attorney
Miller declared in his argument that
the business world is shackled and re-
strained by the Indebtedness of the
Sherman law.
I'VE want to put the defendants on
trial Monday and It is not the govern.
ment that is delaying the ISSUE" said
District Attorney Wilkerson, who took
up the argument for the government
when counsel for the defense closed.
THE Supreme court will not consid.
er taking up constitutional question
raised in this case" he declared.
"Then after a years delay we would
return to the district court for the
trial that should begin on Monday. All
that can be gained is to add year and
half to the delay of fourteen months
that has already been given them in
this proceeding"