The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-11-16
PRIVILEGE:
Continued from page one


the question Of facts that is, whether or
no, there Is evidence of conspiracy
to monopolize trade iu meat and pack
ing house products genemlly-from
the question of law-that is, whether
the penal section of the sherman act
to regulate commerce is valid and con-
stitutionaily drawn. The defendants
claim the law is defective in that 1t
does not set up any standard by whleh
violation may be measured. that IL Is
indefinite.
only the supreme court of the UNI
ted States can settle the question win
fnality. But adjudication of the Issue
In the highest court will take at least
9, wear. Therefofe. the government
Prosecutors today went into court
hoping against hope that they would
be able to forstall an. appeal to that
tribunal until after actual trial on
the question of fact and law-set Tor
Monday-has been begun In this way,
the appeal would go to the highest
court in connection with the appeal
IN the case proper.
trust buster" for the administration
and at one time Attorney Gensrai
WhclSersham's chief .mstigator In the
packing prosecutions -feft his place III
the committee room or the Lor'mer
Investigating committee, to SIT with
District Attorney James II. Wilkerson
and Special Attorney James Sheehan,
OF the governments counsel and lend
his aid in the fight.
Immediately after Judge Kohlsatt
called the packers case, Attorney
James Sheean, special prosecutor Tor
the government, moved that the writ
OF habeas corpus be quashed on the
ground that the nine defendants had
not been surrendered in open court
but had gone through the formally
in the marshal's office. Sheean con
| tended that the law specifically pro-
/ yided that where bond was surrend-
cred, and defendaHts reported IL
should be in open court and that pc
cause of this irregularityr the writ
was void.
Attorney Levy Mayer, of counsel for
| the packers, was apparently taken
aback at this obstacle raised by the
| government to his neat plan. He tod
| the court that the defense was ready
to go ahead with argument or ques'
tions of law, but was not prepared on
| questions OF fact. He finally declared
! that the defense would concede thai
| the "prisoners' were merely turned
/ over to the marshal. and ne calleo
attention to the fact that his petition
| for a writ so stated.
| Sheean then began his argument III
support OF the motion to quash.
Judge Kohlsaat interrupted to sug-
gest that i'm view of the statement OF
| the defense that 1t was not prepared
TO argue on questions of fact that ad-
iournment be taken for one hour SO
that they might study upon that as
| pect of the case. District ATTORNEY
| Wickersham then introduced TWO az
fidavits, one by himself and the otnei
by Deputy Marshal Wolf, both oi
(which bore ont the governments con
| tention, and narrated in detail tha'
| the hackers were surrendered at the
marshars office and not in open court
| These were placed at the disposal ol
the counsel for the defendants and
court was thereupon adjourned ioi
one hour
All nine OF the defendants who are
parties to the most recent move In tht
packers case were present in cour'
today.
Chicago, Nov 16.-Federal Circul
Judge C. c. Kohlsaat was today cal
led upon by the United states fedora
government to reverse himself in on'
Of the -boldest petitions ever filed II
the local branch of the judiciary.
United States Wistrict Attorney
i James II. Wickersham demanded Una
the writ of habeas corpus which Tho
jurist granted to the nine packers on
Tuesday be quashed on the ground
that the defendants I'm attempting tt
set up one more legal obstacle to the
elimination of nearly nine years soi
effort on the part of the department
of justice-to bring them to trial fol
criminal conspiracy under the Sher
man law-lhad not complied with the
regular form of procedure.
In his formal motion, Wickersham
in thinly veiled language hinted that
Kohlsaat did not know what he wal
about when he acted to the packers
request.
This writ" the district attorney
u petition said, 'was issued improviden
} lly' in ignorance of the essential fact
bearing upon propriety of entertain
, Ing said petition"
Continuing, Wickersham alleges
, that the petition for a habeas corpu
writ was demanded merely TO della
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