Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-17
FATE OF ANTITRUST LAW
HANGS IN BALANCE IN KOHL
sAAT's COURT.
LAWYERS COME INTO COURT
ARMED FOR GREAT BATTLE
Main Question at Issue Net Reached
Time Spent in Arguments over
Jurisdiction Of Judge kohIsaat in
Habeas Corpus Proceedines-Lawye
Calls Law country's Menace.

able to gather over night, the small
army Of lawyers engaged in the battle
over the constltutionality of the crimi-
nal provision of the Sherman anti
trust law were prepared to appear
again before Judge Kohlsaat in tine
United States circuit court at 10
o'clock today.
At the end Of the first days session
In the hearing involving the right Of
the indicted meat packers the main
question at issue had not been touched.
The governments attack on the ques-
tion of Judge kohlsaat's jurisdiction IN
the habeas corpus case occupied the
time at the first days hearing and gave
promise Of taking up the greater part
of the time today.
Sherman Act the Target.
The fate of the Sherman antitrust
act hung in the balance when court
adjourned late yesterday afternoon.
Never before in its battle SCARED his
tory had the law been subjected to
such terrific legal bombandment as
1t received at the hands Of the indicted
packers attorneys, who are attacking
its constitutionality.
When the days session closed, bring
ing about a halt until 10 o'clock this
morning in the bitter conflict, it had
been openly announced by the pack
ers that should they lose they would
take short cut" and appeal to the
United States supreme court to set
tie the question as to it's validity. If
the government loses a like proceeding
will take place.
Called courtry's Menace.
The Sherman act, which has%held the
country's financiers in fear and tremb-
ling for some time. and under which
the Standard Oil and Tobacco corpora
tions were ordered to dissolve, was
held up as terrifying menace to the
country's welfare by the packers coun-
sci at the proceedings yesterday.
1T is a so-called statute which holds
the whole country in a state Of fear
and whose application has brought
about state of industrial depression
almost urequaled in history Levy
Mayer, one Of the packers counsel,
dramatically declared in the midst of
his fierce arraignment of the law.
"Swift and Armour are not the sole
issues, but the entire demoralized bus
mess interests of the country are at
stake"
He then declared that regardless Of
the outcome, either side could take the
case to the United States supreme
court and obtain a final decision by the
last of next January.
Federal Lawyer Repiies.
In answer James Sheean, represent
ing the government, severely ques-
toned the motives Of the packers in
the proceedings. He accused them of
raising old issues, which had been set
tied by Judge George A. Carpenter of
the district court, before whom the
packers trial for alleged restraint of
the fresh meat Industry was to have
been held next Monday
He declared that the packers were
attempting to have one court Of con-
current jurisdiction review the de-
cisions of another and ridiculed the
motives set forth by the packers in
their petition.
He tossed bomb into the packers
camp when he attacked the jurisdic-
ton of Judge Kohlsaat in the habeas
corpus proceedings on the ground that
the nine packers had not been legally
surrendered by their bondsmen when
the coup was engineered last Tuesday.
In support he offered affidavits sworn
to by District Attorney wilkerson and
John T. Wolf. chief deputy United
States marshal.
These were set down for hearing
when court opened this morning. The
packers offered affidavits at the same
time setting forth the details of their
alleged hour and a half imprisonment
at the time the habeas corpus writ was
issued.