The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-05-13
STAND TRIAL
FOR CONSPIRACY
Demurrers Of Chicago Beef
Barons Are Overruled by
Judge Carpenter.
SHERMAN LAW is UPHELD
Decision OF Court Ends Long
Fight Of Packers to Escape
jury Trial.

Chicago ILL.,, May 12.-Ten Chicago
meat packers must go to trial on Fed :
eral indictments charging them with
conspiracy to control the price OF fresh
meat, In violation of the Sherman anti
trust law, This was decided to-day by
{ Judge George. A. Carpenter, Of the
United States District Court. who over
ruled demurrers. In which the packers
had held that the Sherman law failed
sufficiently to define the offense it
sought to prohibit.
The men. who we're indicted on Sep
TENDER -. 1910. and are affected by
the decision. are:
J. Ogden Armour, president of Ar
mour & Co.
Louis T. swift. president OF swift
& Co.
Edward F. Swift. president OF
Swift & Co.
Charles II. Swift. director OF swift,
& Co.
Edward Tilden. president OF the Ma
tional Packing Company. M
| Arthur Meeker. general manager for
Armour & Co.
Edward Morris, president OF Morris
| y Co.
Francis a. Fowler. director of swift
IL Co.
Thomas J. connors, superintendent of
Armour 6 Co. 'l
Louis IF. Heyman. manager for Nor
| ris & Co.
Attorneys for the government de-
clared the decision was n tremendous
blow at the packers defense and said
the prosecution had scored ut every
| point.
The indictments charged that the
| packers controlling the greater pa TT
| q ~ lI,-iJ TT.
three groups-the Armour. Swift and
Morris groups-and that the three ha d
a common medium OF exchange of price
lists and instructions through the Ma
tional Packing company. The indict-
nents also charged that the three
groups had an arrangement whereby
each would not compete in territory
belonging to another group.
Sustained by Highest Court.
In overruling the packers conten-
ton that the Sherman law was too in :
definite and uncertain in defining the
elements OF the crime TO Justify the
indictments, Judge Carpenter said
The statute has been the biect of
decision for twenty years. The Supreme
Court OF the United States many times
| has sustained DEGREES which restrained
! viola lions of it,"
| Tile packers had based their demur-
rers. In part. on an assertion that the
| act did not define crime. or provide
| legal and constitutional means OF cor
| recting the abuses II was designed to
control The decision directly denied
| this assumption.
They also claimed that the act did
not define the misdoing in terms thai
would enable the defendant to know
| In advance that such performances rs
| 1t condemned were illegal. or this
| point Judge Carpenter saId:
II am of the opinion that the SUI
prcne Court of the United States has
determined that sections /. 2 and OF
the Sherman act define with sufficient
accuracy the offenscs therein enumer.
ated"
as to the stability OF the indict-
ment, the court said
Jury's Charges Definite.
II do not see how tho grand Jury
could have made the charge more def
mite, and believe 1t is sufficiently spe-
citic TO satisfy the substance law"
crs ms alleged III the indictment) from
its inception appears plainly to be one
t. eliminate competition as a factor in
fixing prices among the three groups
of defendants, beginning with the
agreement not to bid against each
other. and, in fact to bid exactly the
same amount for like grades OF live
stock. liking uniform selling price ant,
ending with liking a uniform price
themselves. OF the total business done.
II am OF the opinion that the facts
stated In the indictments show clearly
plan or scheme organized and but
In operatlon hy the defendants. the
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