The Detroit times., 1911-11-15
PACKERS SPRING COUP
ON GOVERNMENT COUNSEL
Obtain Writ OF Habeas Corpus,
Which May Delay Their
Trial For Year.

CHICAGO Nov. l5.-Counsel for
The packing magnates who have becu
indicted on "A charge OF criminal con
spiracy TO restrain trade. called MP
Judge Kohlsaat by telephone yester.
day. made an appo:n~ nent in his court
room for late I'm the afternoon.
brought nine OF the ten packers be
fore the ba" OF justice, withdrew their
bail of $4,000 each and sued out n
writ OF habeas corpus 10 release them
Judge Kohlsaat granted il forthwith
and set tomorrow for a hearing on
the question Of the constitutionality
OF the provision OF the Sherman anti
trust law which infiicts Jail sentences.
The actual trial OF the packing
house coterie. charged with offenses
punishable by year in Jail was 10
have begun next Monday Today, de-
partment- of Justice officials here adj
mitted that one year might elapse be.
fore the defendants could actually be
made toface the testimony which has
been growing since July |, 1903.
Lawyers here today viewed the
proceedings as the biggest coup yet
executed In the long and desperate
fight by the beef packers against
trial With special venire OF jury
men already called. with the govern
ment's counsel ready TO proceed with
the long-delaSed prosecution, with
the packers apparently at last ready
TO face a jury on the Conspiracy
charge Judge Kohlsaat's action has
separated the matter OF fact from
that of the law. and now whatever the
result OF Judge kohlsaaJt's ruling may
be. the la will go to the supreme
court OF the United States, the ques.
ton OF fact--which is the actual trial
OF the Packingtown magnates-to
await adjudication.
The beef trust contends that the
criminal section of the Sherman anti
trust law is unconstitutional because
OF indefiniteness-beca II does not
lay down any test OF criminality which
the business man may discover and
avoid. The ruling which Justice Kohl
-saat is expected TO make tomorrow
after what both sides admit will be
a purely perfunctory hearing. will
carry this question direct to the ST.
preme court OF the United States
Only after the highest court has ruled
on this point, can the government re-
sumo it's pursuit
incidentally. Judge Kohlsaat threw
precedent 10 the winds by his action.
District Judge George A. Carpenter
before whom the packers were to have
been placed on trial on Monday last
spring oyerruled application by the &C.
PENDANTS 10 exactly the same end, dc-
coTdlng TO United States District At
torney Wilkerson.
KohIsaat, therefore. sets n new pre-
cedent by reviewing. in effect, de-
csien by-a- subordinate judge OF his
own circuit.
The government had no tip on the
latest surprise sprung by the elusive
trust magnates Arraigned last June.
the 10 pleaded not guilty, and Were
apparently cornered at last. In var
ious interviews since then the defend
ants have protested their Innocence or
the conspiracy charges, and expressed
"A Willingness 10 he tried on the evil
dence at hand
Nine OF the 10 indicted beef packers
in court were. Louis r. Swift prcsi-
dent OF Swift & Co: Edward F. Swift.
vice president Of Swift Co, Charles
IT. Swift director Of Swift x Co Fiji
ward Tilden. president Of the National
Packing CO. Arthur Meeker' general
manager Of Armour & Co. Edward
Morris. president OF Morris a. CO.
Francis a Fowler. director OF Swift e.
Co: Thomas y Connors. superintend-
emf OF Armour & Co. and Louis ".
Heyman manager for Morris a Co
The tenth, 7. Ogden Armour, is en-
route to the United States from Eu-
rope, and will follow the same proce-
dure as the others.