The Birmingham age-herald., 1911-12-23
In the Governments Suit
 Charged With Violating the Sherman Act
GUARD JURY CLOSELY
 DURING HOLIDAYS
Council for the Chicago Meat Packers Conclude Opening Statement to the Jury-Government to
 Present It's Case

Chicago December 22.-Counsel for the Chicago meat packers, charged with com bining to control the price of meats in violation of the criminal sections of the Sherman law, concluded their opening statements to the jury today and United States District Judge Carpenter adjourned court until next Tuesday morning. At that time the first witness for the gov ernment will take the stand.
 The government will present it's case in order. The first witnesses will tell the story of the old packers pool which. it is charged, was In operation prior to the organization of the National Packing company. and which held meetings at which, the government charges, prices were fixed. The government will endeavor to prove the National Packing company was the instrument used to pool the ! arrangement. It is estimated 1t will u A. several months to present the evidence.
 The jury will be closely guarded during the adjournment of court and the F men, all of whom are married,I will be obliged to eat their Christmas dinner at a downtown hotel.
 Attorney John Barton Payne, who ap- peared for the Morris group of defend ants today, read voluminous extracts from the report of former United States Com missioner James R. Garfield on the pack ing industry made. in 1905. to refute the allegations of the government against the packers.
 Case Built on Theories
 Declaring that the governments case against the ten Chicago meat packers on trial in the federal court for alleged crim- inal violation of the Sherman law is built on theories and ancient history, At torney M " Borders, representing Ed ward Morris and Louis H. Heyman, to- day continued the opening statements of defendants counsel to the jury.
 He declined to consider seriously the operations of the alleged packers poo' prior to 1907, because" he said. "of their inImateriality to the case on trial"
 He predicted that when the jury had been informed regarding the facts in the case at detail a verdict of not guilty would be returned
 We hear great deal about the nigh cost of living, especially the high price of meat" said MT. Borders, but this is the result of changed economic condi- tions. The country's increase in popula- tion has exceeded the production of live stock We will show by evidence that the demand for fresh meat has increased at a rate of 5O0,o0o,OO0 pounds a year, while there has been a decrease of Is per cent in the production of steers. Can the packers be held responsible for this con dition? Is there any evidence of Illegal ity? The packers pay $1,00O000 per day to the farmers of the country for their live stock.
 Swift, Armour, Morris and the Ma tional Packing company do not furnish more than 35 per cent of the fresh meat used in this country. The packers earn a smaller percentage on their money than is otherwise obtained in any other large business
 During the three years covered by this indictment Morris & Co. earned less than there is no water in the stock of these concerns.
 ''The profit on fresh meat was less than one-quarter of cent per pound the past year.
 ''The only way to control the fresh meat industry of the country is to control the supply and the volume of shipments of the finished product handled, and this is beyond the power of any man or any group of men.
 Tn 1902 there was spirit of consoli- daton abroad in the land, the purpoae being to make certain economies in manu- facture and operation. Armour. Swift and Morris planned big merger, and, in pre- pairing for this move, a number of small CT packing concerns were purchased for s15, ,O00OO0. The National Packing com pany was organized to operate the con cerns.
 That was the sole purpose of the pack ing company. This corporation was not formed to continue any pooling arrange ment for the fixing of prices and the sup pression of competition"
 Borders Address Jury
 Further argument that packers of the present day are benefactors of the pub lie, and not violators of the Sherman anti trust law. was scheduled for today at the resumption of the trial of the big meat dealers.
 M w. Borders was the first speaker to address the jury in behalf of Edward Morris and Louis Heymann. the defend ants known as the Morris group
 MT. Borders was prepared to explain to the jury how the public had reaped benefits rather than hardships from the conduct of the business carried out by the packers.
 New points in the manner in which the packers have conducted their business since the establishment of the National Packing company, were expected to be brought out by Mir. Borders.
 After Attorney Borders address. John S. Miller was expected to follow for the Armours, and then John Barton Payne, in behalf of Edward Tilden, president of the National Packing company.
 Will Be Felt World Over
 Attorney John Barton. Payne, In tho afternoon session. in his opening state ment, said in part:
 AS I view this case it is not the of the defendant, but an Indictment of great business. The ef- feet of this trial will be felt all over the world.
 For that reason I regard this mat ter as of international importance. Chi cago's commercial supremacy always has been closely linked with the meal packing industry.
 "The growth and development of the made big business enterprises necessary and the packers were no ex. ception to the rule.
 "In 1906 United States Commission or of Corporations James R. Garfield, acting under the instructions of Pres- ldent Roosevelt. made an investiga-