Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-12
Must Stand Trial on Indict-
ments for Conspiracy.
SHERMAN LAW is UPHELD
Court Overrules Demurrer Attacking
Its Validity.
NO FLAW IN INDICTMENTS
Decision BY Judge Carpenter Ends
Long Fight by Packers to
Escape Trial by Jury.

CHICAGO, May 12-The demurrers OF
the Chicago packers in the beef trust
case were overruled today by Judge Car
penter in the United States district court.
In his ruling Judge Carpenter declared
that the Sherman antitrust law, which
had been attacked by the packers. is con-
stitutional.
He also held that the indictment
charging j. Odgen Armour and other
packers with violating its provisions
is valid.
Judge Carpenters decision may have
IN indirect bearing on all antitrust
litigation in the United States, in up
holding the completeness and stability
of the Sherman act OF this feature
the court said:
Sustained by Highest Court.
'The statute has been the subject of
decision for twenty years The Supreme
Court of the United States many times
has sustained DEGREES which restrained
violations of it.
The packers had based their demurrers.
in part. on an assertion that the act did
not define crime. or provide legal and
constitutional means of correcting the
abuses 1t was designed to control. The
decision directly denied this assumption.
They also claimed that the act did not
define the misdoing in terms that would
enable the defendant to know in advance
that such performances as 1t condemned
were illegal OF this point Judge Car
penter said
II am of the opinion that the Supreme
Court of the United States has deter
mined that sections I. and ) OF the
Sherman act define with SUFFICIENT accu-
ray the offenses therein enumerated
AS to the stability Of the indictment,
the court said:
Jury's Charges Definite.
81 do not see how the grand jury could
have made the charge more definite, ana
believe it Is sufficiently specific to satisfy
the substance law.
The whole plan (that of the pack
ers as alleged in the indictment) from
IT'S ircepticn appears plainly to De one
20 eliminate competition as factor in
liking prices among the three groups of
defendants beginning with the agree
ment not TO bid against each otner,
and. in fact, to bid exactly the same
amount for like grades of live stock,
nxing UNIFORM selling price and end
ing with fixing a uniform price OF sale
and an apportionment among them
selves of the total business done.
II am of the opinion that the facts
stated in the indictments show clearly
plan or scheme organized and put in OPP
Grafton by the defendants, the ultimate
purpose OF which was to control the pro-
duction. sale and distribution of fresh
meat throughout a large section of this
country; and. incidental to that con-
troll to lower prices to the producer OF
the raw material and raise prices to the
consumer OF the finished product.
Near Monopoly in Beef.
while tie facts do not disclose an alb
solute monopoly, yet the large percentage
OF the business which they control indi-
Gates that they intended to acquire at
least a commercial MONOPOLY
Judge Carpenter, overruling the de-
murrers said he did not think the trial
could be held before fall. May II the
packers will appear and plead to the
charges or file petition for a bill Of
particulars. Government attorneys ques-
tion their right to ask such bill after
the action today. but that will be decided
in the decision May IL.