The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1911-11-16
LONG DELAY IN
PACKERS CASE
Trial Of Beef BarOnS Indefi-
nitely Postponed.
Big COUP IS EXECUTED

Attorneys for Indicted Men Surrender
Principals to Court and Ask Writ of
Habeas Corpus - Judge kohlsaat
Grants Request and No Matter
What His Final Decision Is the
Point viii Go to Highest Court
for Adjudication.
Chicago, Nov. I6--Just when II ap
peared that the wheels of justice were
to receive a grist that for nearly nine
years has avoided contact with the
mlllstones. Justice. personiied by
Judge Kohlsaat of the United States
circuit court, poured sand i'm the ma
chinery, stopped the grinding of the
grist-meaning the ten packing house
magnates under indictment for Grim
fnal conspiracy to restrain trade
leaving the United States government
apparently powerless to force the mill
ing process save through another long
reconstruction of legal machinery
Counsel for the beef barons called
up Judge Kohlsaat on the telephone,
made an appointment In his room for
late in the afternoon; brought nine of
the ten magnates before the bar of
Justice; withdrew their bail of $50 900
apiece and sued out a writ of habeas
corpus ito free them from confine
ment"
Judge Kohlsaat granted il forthwith
and set date for hearing on the
question of the constitutionality of the
jail sentence provision of the Sherman
laval this without notice to the
prosecution and over their frantic pro-
test.
The actual trial of the packing
house coterie. charged with offenses
punishable by year in Jail. was to
have been begun next Monday. Now
department of justice officials here
admit that as a final crowning achieve
ment In the campaign of delay pur
sued by the trust lawyers one year
might elapse before the defendants
could actually be made to face the
testimony which has been growing
since July 1, 1908.
Lawyers here view the proceedings
as the biggest coup yet executed in
the long and desperate fight by the
beef packers against trial.
Means Another Long Delay.
With a special venire of jurymen
already called. with the governments
counsel here ready to proceed with
the long delayed prosecution. with
the packers apparently at least ready
to face a jury on the conspiracy
charge, Judge Kohlsaat's action has
separated the question of fact from
that of the law. and. no matter what
Judge Kohlsaats ruling may be. that
question OF law will go to the supreme
court of the United States, the ques-
tion of fact-which is the actual trial
of the Packingtown magnates-to
await the red tape of adjudication by
the supreme court of the United
States.
The beef trust contends that the
criminal section of the Sherman anti
Gubt INV 10 beCduSc
of definiteness--because 1t does not
lay down any test of criminality which
the business man may discover and
avoid.
The ruling which Judge Kohlsaat
10 expected to make, after what both
sides admit will be a purely perfume
tory hearing. will carry this question
direct to the supreme court of the
United States.
Only after the highest court has
ruled on this point can the govern
ment resume its long pursuit of the
trust heads.
Incidentally Judge Kohlsaat threw
precedent to the winds by his action.
District Judge George A. Carpenter,
before whom the packers were to have
been placed on trial on Monday, last
spring overruled application by the de-
fendants to exactly the same end. ac-
cording to United States District At
torney Wilkerson.
Kohlsaat, therefore, sets a new
precedent by reversing, in effect, de-
cision by subordinate branch OF his