Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-11-23

Attorney for Men Seeking
to Avoid Trial Said to be
on Way to Secure Su-
preme Court Stay.

word Of District Judge Carpenter yes
terday that unless a stay order Is
granted the case will proceed next
Monday still uppermost In their
minds, counsel for the indicted meat
packers prepared today to leave no
stone unturned in their efforts to OBJ
tain stay of the proceedings
Government lawyers were just as
busy watching the activities Of op'
posing counsel. Close watch was being
kept on Washington where, 1t Was
said, Attorney Alfred Austrian had
gone today with the appeal papers. 1t
was the belief of counsel for the gov
ernment that he would endeavor to
gain halt in the trial by appealing
to one of the Justices of the supreme
court, Rumor had it that the packers
counsel intended appealing directly to
Chief Justice White. This move was
considered unlikely by others engaged
in the case, because 1t was argued
that II the chief Justice should be
appealed to and refuse, then 1t would
associate justice. None of these, 1t
was thought, would grant a stay II 1t
had been refused by the chief Justice
and for this reason 1t was thought an
appeal would first be made to an as
sociate justice.
1t is argued by counsel for the de-
PENDANTS that each Justice has the
power during recess, to Issue stay
order on an appeal for decision in q
habeas corpus case. The question Of
whether the packers would go on trial
next Monday, 1t was said today.
hinges entirely on this question Of
power. ssff 5t Ea. ig5
Whether any further moves would
be taken before local federal courts
was a matter of conjecture. The ap-
peal taken from circuit Judge Kohl.
saat eafsian IN the bes corpus
proceedi1ss With the, constitutionality
Of the criminal provision Of the Sher-
man anti-trust law as q basis, and the
subsequent postponement Of the hear
ing by Judge Carpenter OF the trial,
gave counsel for the packers ample
time to arrange surprises for the gov
eminent lawyers and these were mo-
mentarily looked for.
Attorney Miller presented the pack
ers' case in asking Judge Carpenter
for continuance. He told Judge Car
penter Of the proceedings before Judge
Kotlsaat and OF the appeal which had
been taken, with the constitutionality
of the Sherman antitrust act as q
basis. NJ
.S Argument Of Miller.
Counsel for the defendants believe
that this court should not proceed with
the trial upon the indictment until the
appeal is settled and the supreme
court finally passes upon the validity
Of the Sherman act" Mr. Miller said.
""The hand OF this court should be
stayed. 1t Is our contention that the
pendency of that appeal operates to
prevent this court exercising any
further Jurisdiction and Is, in Itself, a
stay Of proceedings.
"If your honor should feel that your
duty lay otherwise, then ask that
some action by the higher tribunal on
the merits of the appeal be awaited
and that the case be postponed until
the court reconvenes, two weeks
hence. The full court term then can
pass upon the stay proceedings.
Questioned by Court.
"In cases Of this kind has single
justice Of the supreme court the pow
er to issue a stay order?" inquired
Judge Carpenter.
"A single justice, during temporary
vacation of the court, may act for the
court and has that power" Mr.. Miller
replied.
James Sheehan, representing the
government, interprosed that the gov
ernment was not prepared to admit
the Jurisdiction OF single justice ia
such q case. stss
The court ruled that unless some
one of the justices, or the clerk OF the
court, shall be heard from by 10
O'Clock Monday morning the case
would proceed to trial.