Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1911-11-17
MEAT KINGS BEGIN
Determined FIGHT
To UPHOLD TRUSTS
Government on Defensive in
Effort to Sustain Sherman
Anti Trust Law in Battle
With Indicted Packers

CHICAGO, Nov. ls.-No decision in
the appeal OF indicted Chicago packers
for writs OF habeas corpus can come be
fore tomorrow. Judge Kohlsaat. in the
United states circuit court. today grant
ed a 24-hour delay for counsel for the
packers to answer affidavits fled by the
government attorneys.
In the meantime. arguments were pre-
scented By attorneys for the government.
urging that writs issued November II
be ouashed and the government allowed
to proceed with its trial. set for next
Monday. on indictments charging viola
ton OF the Sherman antitrust law.
WILL APPEAL CASE
In any event, it is not believed the
trial OF the packers will begin Monday.
In case Judge KohIsaat sustains the
governments contention that the pack
ers. petition was not IN good faith, and
QuaShes the writ, the indicted men have
announced they will appeal 10 the su-
preme court and thus obtain a ruling on
the consututionaIity OF the criminal sec
tons OF the Sherman law. This, &C
cording TO counsel. viii have the effect
Of preventing trial on the indictments
until the rui.ng. Should Judge kohlsaat
grant the writs. the government will ap-
peal 10 the supreme court
What gives promise OF being
one OF the most important legal
battles ever fought out IN the federal
courts was begun before United States
Circuit Judge christian K Kolsaat to-
day.
At 10 O'Clock counsel for the government;
and the sO-caIled beef trust were, In
court for argument in the habeas corpus
proceedings fled In, behalf of nine in
dicted meat packers and which a,tacked
the eonsutuUionaIity of the criminal pro-
visions of the Sherman antitrust law.
The government forces are on the de-
fensive- They were so placed when Judge
Kohlsaat granted the order for the writ.
The ground gained by counsel for the
packers in the first move was the cause
for = hurried gathering OF legal talent TO
protect the federal governments interest
The governments case. IL was said.
would be directed by James Sheean and
District Attorney James H Wnkerson-
The future trial OF the indicted men de-
ponds on the action taken by Judge Kohl
Sat on the writ Should the court de-
eide 10 Quash the writ. then. by q pro-
vision OF the rules OF the supreme court.
he may either remand the indicted men
to Judge Carpenter for trial in the DIS
frict court or detain them in the custody
Of the circuit court until the appeal,
which Il IS assumed would be made In
such an Instance. is thrashed out on the
question or the laws validity in the SUI
preme court
AN IMPORTANT POINT -
According 10 District Attorney wiIker-
son. the most important point involved
in the proceedings is whether IL is posi-
hle to bring these defendants to trial in
the same way and according 10 the same
principles as in the case Of ordinary law
breakers
The government attorneys asked the
court TO quash it's writ on the alleged
grounds that the packers never legally
were surrendered into the custody of the
court. and for that reason no writ OF
habeas corpus should have been issued.
District Attorney WiIkerson hled an af-
fidavft to support the motion TO quash
the habeas corpus writ in which he set
forth at some length the technical rea-
sons for the governments motion
Attorney Sheean for the government
counsel for the government in the bee
case. opened the arguments on the mo-
ton to QUASI. Eight of the nine indicted
packers were present
TO REVIEW LEGALITY.
"OuL purpose mere 10 EcN1cN the
constitutionaIity Of an act on which GER
tain indictments are predicated." said
Attorney hSeean for the government.
II insist that the defendants to have
been surrendered legally should have sur
rendered in open court and not to-a fed
eral marshal To make such surrender le-
gal. the officer must be able to set up in
his return that he held these defendants
under or By virtue OF some writ or pro-
cess which has its foundation in the pro-
ceedings al issue,
These defendants surrendered merely
upon their own oOnds and not upon any
process issuing from this honorable court
Therefore. I advance that the surrender
was Illegal and should not be permitte>
to obtain"
Two affidavits were filed by District At
torney Wilkerson end his aides. The
first was by Mr. Wilkerson and the sec
ond was. By Deputy United States Mar
shall John p. Wolf VOLTS affidavit set
forth that he informed counsel for the
defendants at the time OF surrender that
he doubted the legality Of the surrender.
While Judge kohlsaat was In chambers
reviewing the motion and affidavfts.
counsel for the packers carefully went
over copies OF Mr.. WiIkerson's af1idavits.
NOT IN GOOD FAITH
The chief contentious OF the govern
ment were that the packers had NOT act
cd in good faith in applying % the cir
cult court. and that the circuit court was
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