The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-12-21
PACKERS ARE
ON THE RUN
Judge Carpenter Rules In Favor Of
Government in First Clash Of
Beef Harons
Trial.
MEN PRODUCE ALL EVIDENCE
Uncle Sam Allowed to Bring Into
Court Anything He Has
Against tho Meat
Trust.

United Press Leased Wire Service.1
CHICAGO, Dec. 21-A decision
which will give the government po-
sition of vantage In the trial of the
ten millionaire packers on the charge
OF criminal combination in restraint
of trade, was rendered today by Fed
eral Judge Carpenter. The court de-
MED motions by the defense for dis
missal of two of the five counts of the
indictments against them, and refused
plea of the defense that the jury be
instructed to disregard certain stats
ments included in District Attorney
Wilkerson's opening statement.
1t was this last named decision that
was construed as Of great advantage
to the prosecution. Tie statements
specifically objected to by the defense
We're regarding the acquisition of "in-
dependent" packing house firms by
the National Packing Company. It
was alleged that this acquisition took
place at time when the statute OF
| limitations would operate against
court proceedings
Judge Carpenter swept this conten
ton aside, ruling, in effect, that the
government was entitled to produce
all evidence it desired along this line
in its endeayor to show motive. Thai
motive, the prosecution is contending
was to gain monopoly Of the dress
4 ed beef industry
The grounds on which dismissal %
i two counts of the indictments were
asked were that the acts complained
of occurred more than three years agt
beyond the time in which prosecu
tions could be instituted. Judge Car
| penter ruled that the question of lie
gality of indictments had previousl.
been ruled upon in demurrer ant
that such motion at this time was
in effect. merely an attempt to rais'
anew the same questions decided II
the decree oyerruling the demurrers
j Exceptions were allowed the de
4 PENDANTS on all the rulings.
After brief recess Attorney Gee
T. Buckingham began the series o
opening statements in behalf of tn
defense. Buckingham spoke particJ
larly for the Swift and Fowler group
of packing houses.
. Buckingham denied vehemently tha
the packers were IN any way respor
sible for the high cost of living.
"The increase in food cost" he al
stored, has been due solely to the r.
tail distribution Of the staples. Ths
distribution is insufficient and unec'
nomic These defendants have ha
nothing at all to do with the increas
in the cost Of steaks"
The attorney read extracts from th
supreme court decisions in the toba
ca and Standard Oil cases and decla
ed that it was perfectly legal to cor
bine and exercise reasonable r
straint upon trade He denied th;
the combination Of packers had ha
the effect of unreasonably interferrin
with commerce. That the defendant
dominated the industry he denied, d
claring that the Independent firm
had thousands of buyers all over tt
; country.
"The margin of profit made by I'll
packers he said" is less than ST.
per head of cattle-less than OF
quarter of one per cent per pound {
dressed meats. Computed on tt
price paid for live cattle this wou
be less than one-eighth cent poun
BY best business methods, by takir
advantage Of science and by makir
use Of all by-products, these defen
ants have been able to make mode
, profit of less than ten per cent p
, year on their actual invested capital
!. Buckingham painted an eloque
picture of the benefits which he q
i-serted the public had reaped from Il
combination of packers, and indignar
ly repudiated the charge that the be
magnates had extorted unreasonah
prices from the consumer. The o
, pool" according to Buckingham, W
! simply a beneficient gathering of Il
!, benevolent packers, who met to l
, upon some arrangement whereby t
accumulation of perishable meats W
to be prevented-the inference bell
that If vast quantities of meat we
, accumulated. that much Of it wou
. spoil and be lost to the nublic.
+ The defense's lawyer defied the &C
E ernment to show that the defendan
i had personally been connected wi
i any Of the alleged unlawful acts Of t
| National Packing Co.