New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-11-19
PACKERS GAIN A DELAY,
BUT LOSE MAIN POINT
Judge KohIsaat Quashes Writ OF
Habeas Corpus. but Post
pones Filing of Order.
SUPREME COURT MAY DECIDE
Eight Years Already Have
Passed and Plea Only Has
Been Filed-Government
to Fight Appeal.

Chicago. Nov. 1s.--Counsel 10 the nine Chi
csso packers indicted under the Sherman
antitrust act succeeded late to-day in
getting delay until next Wednesday IN
the criminal trial. which was scheduled II
begin on Monday In the United States Dis
'rict Court.
Tho delay was grained in the United
States Circuit Court, where earlier In the
day. after deciding 10 quash the writ Of
hsbeaS corpus and ordering tho defendants
remsnded 10 their sureties, Judge Kohlsaat
agreed to postpone formal entry OF his de-
ciElon and order Until "Wednesday morning.
This. q is asserted, will postpone the open
ing Of the criminal trial Of the packers
long enough to permit the indicted men to
get their appeal 10 the United States SUI
pFeme Court before they automatically ac-
cspt Jurisdiction IN the district court by
appearing at tho trial there.
James Sheesn, OF special counsel 20 tire
government made sharp objection 10 TINS
delay
Eieht Years to Get Plea.
"It,nas taken eight years TO get a plea
90 not guilty from these defendants"
said MI Sheesn 10 the court land now,
six months after the not guilty plea has
been entered, the trial has not been begun
and these defendants have not faced jury.
] protest at any further delay. and / sub
NIT that counsel for these defendants has
only one purpose in making this request
for time, and that purpose is delay"
Judge Kohlsadt in discussing the request
for delay said:
! do not see how YOU will he any better
of week from now than YOU are TO-DAY.
However. ] will delay having the formal
entry Of the order made until Wednesday
morning.
Judge Kohlssat held that the Circuit
court had no power TO issue writ except
in extraordinary circumstances. and that
in the present case was without the right
That TO do 20" he said in his decision.
would be an attempt TO review the find
inS Of the United States District Court"
Levy Mayer. counsel to the packers. said
We pray an appeal and ask your honor
10 fiX the amount Of bail"
Under the law" said Mr.. Sheean when
writ Of hsbcas corpus is denied il is
specifically provided that the respondent be
romended."
Your donors order TO remand il void, 80
said Mr. Mayer we shall find. unless
care be taken. this question will be so
snarled that there can be no adjudication. 3"
Judge Kohlssat's Ruling.
In his decision judge Kohlsaat said;
From a reading Of cases in which the
federal hsbess corpus act has been before
me supreme Court 1t becomes apparent
that IS rule the granting Of writ i'm
cases in which the questions here involved
have been presented. has not been favored
.N that court. The rule seems TO be clear
that only IN certain cases where exceptional
circumstances arise will the court separate
the question involved IN the habeas corpus
proceeding from the trial Of the case.
10 appears the petitioners rely upon the
llegau lions as 10 the magnitude and volume
"i thflr business which would entail great
JOSS should the Supreme Court hold the
proceedings unconstitutional after the trial
Is bad IL can hardly be claimed that the
possibility 81 loss growing ont Of the trial
would constitute special circumstance as
contemplated ~ the decision OF the court
~ therefore, follows that this court can
Hot tske jurisdiction OF the habess corpus
lroceedmeS here under the circumstances
now presented Moreover il appears that
nc District Court has full jurisdiction of
nrsI matter; ana has passed upon that
question, and to take the case at this time
would practically amount to an sttempt to
fcnieW the decision Of that court
for these reasons the motion TO Qua sb
and vacste the order granting the writ
ara dismiss the petition must be granted
We win on every point. The court sys.
tains our contentious" was the message
sent by United States Attorney Wnkerson
- the Attorney General at Washington.
Washington, Nov. 1s.-The Department Of
Justice viii fight the effort of the Chicago
meat packers TO obtain a stay of proceed
ings IN their trial through an appeal 20 the
supreme Court Of the United States. As
soon az the appeal reaches that tribunal
counsel Tor the defendants will be at liberty
10 ask Supreme Court justice or Circuit
Court judge TO issue a stay Of proceedings
In the criminal case until the supreme
court has passed OH the appeal
The Department Of Justice will resist the
granting Of the stay.