The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-12-08

Omaha Packing Company
United Dressed Beef and Provision
Company.
Hutchinson Packing Company, OF
Kansas.
National Car Line Company Of New
Jersey.
Provision Dealers dispatch.
Continental Packing Company.
The National Packing Company, the
government will attempt to show, is
a "holdng company" operated In
furtherance of the plans of the heads
of the alleged trust in precisely the
same manner that the Standard Oil
Company of New Jersey, or the
American Tobacco Company of New
York. was manipulated by the Oil
and Tobacco trusts, respectively.
After their indictment. the packing
house magnates strove desperately to
avoid the laws clutches. Their coun-
sci filed plea of abatement, argued
that the Immunity bath opinion Of
Judge Humphrey back I'm 1906 still
exempted them from prosecution, AMI
moved to quash the indictment. The
litigation dragged through several
more months.
Then, on March %, 1911, U. 8.
District Judge Carpenter overruled
| all their pleas, sustained the indict-
ment. and ordered the case to trial.
More delay ensued while the packers
lawyers spared for time by interpos-
ing every legal obstacle. on April J..
they demurred to the Indictment. on
April 12 this motion was argued, and
on May u, overruled by the court.
Grasping desperately for further
expedients, attorneys for the indicted
men next filed a motion to set aside
the decision of the court on the de-
murrer. The then new doctrine Of
the "light OF reason" announced by
the Supreme Court of the United
States in the standard oil case was
advanced. the lawyers asserting that
the packers combine was a reason
able combination"
on June 10. this obstacle to trial
was removed by denial of the motion
| by Judge Carpenter. Next the coun-
sci for the packers moved that the
government be compelled to file bill
| OF pdIll1 1uldIS' spSNiiN lNh N3N"Ne''
wherein the trust was alleged to have
violated the Sherman law on June
%. this motion was likewise denied.
and Judge Carpenter put a stop to all
further dilatory tactics by requiring
the indicted men to plead guilty or
not guilty before July o.
on that date the packing barons
pleaded mot guilty" and Judge cav
penter set a hearing of the case for
November 90. II was expected today
that there might be further attempt
to postpone actual trial, and the gov
ernment attorneys went into court de-
termned to fight any such move. Be
cause it Is virtually the first Of the
antitrust suits to come to trial
against alleged combines dealing in
the necessities of life, the Department.
of Justice intends to concentrate all
its forces in an attempt TO secure con-
viction.
This expectation on the part of the
government attorneys was based on
an eleventh hour move which the de-
fendants' counsel made just prior to
November 90, the date set for trial.
Levy Mayer and John S. Miller. OF
the defense. surrendered their clients
and Immediately sued out writ OF
habeas corpus before Circuit Judge G.
c. Kohlsaat attacking the sherman
law as unconstitutional because the
penal section did not clearly define the
omense. The court quashed the writ
but gave the packers recourse to high-
er courts and they succeeded in get
ting Judge Carpenter twice to post
pone the trial, pending prosecution oi
their appeal on kohlsaats decision
to the supreme court Of the United
States, at that time in recess over
THANKSGIVING. Yesterday, that ri-
bunal refused the packers a stay
forcing the case to trial today.
The delay has cost Uncle Sam sew
eral thousand dollars, because 1t was
necessary for District Attorney WIKI
erson to keep witnesses and venire'
men here in Chicago for several weeks
Judge George Albert Carpenter
upon whose word hangs the fate OF
the ten millionalres, is one of the
youngest federal circuit judges now
on the bench. He was A years old
on October 20, and looks younger.
Personally. he is tall, we'll groomed
and democratic.
To William S. Kenyon, now United
States Senator from Iowa, Will go
most of the credit Of the case II a
conviction is secured. AS assistant at
torney genealogical trust bust
er''-he was tireless in his pursuit OF
the Beast of Jungletown. Edwin w.
Sims. former United states attorney
at Chicago, who was one of the gov
ernment's legal battery in the famous
S29. 1000 Standard oil antitrust
prosecution was largely instrumental
i'm out-mancuverlng the high saiaried
counsel for the magnates in the early
stages OF the suit.
James II. Wilkerson United states
attorney here, will have a consulting
part in the trial. He was associated
with Frank B, Kellogg in the gov
ernments successful prosecution OF
the Standard oil company.
IA TOILETTE BILL AFFECTS