New-York tribune., 1911-11-15
INDICTED MEAT PACKERS
SURPRISE GOVERNMENT
Surrender to United States Mar
ShaI and Apply for Writ
Of HabeaS Corpus.
SHERMAN LAW ATTACKED
They Seek to Take Their Case to
Supreme Court, Avoiding
Delay of Trial in Lower
Tribunal.

Chicago. Nov. 1.-THE indicted Chicago
meat packers sprang a surprise on the gov
eminent to-day when they made another
effort to avoid trial and TO have the sher-
man antitrust law declared unconstitu-
tional The latest move consisted in the
surrender Of the packers 10 the United
States marshal and an immediate appeal
10 Circuit Judge c. c. Kohlsaat for a writ
Of habeas corpus The arguments will be
heard on Thursday.
The request for decision, on the CON
stitutionality Of the Sherman law before
undergoing trial was said to have been
taken as necessary step TO carry the case
before The United States Supreme Court
without the cost or delay Of a trial
Violations Of the fifth. sixth and eighth
amendments to- the Constitution. ambigu-
fly and alleged failure of the act either TO
create an offence against the government
or TO define what IL set up as an offence
I'm manner that would enable a citizen
10 know when he erred and when he did
not We're charged against the Sherman law
as interpreted by the United States su-
preme Court in the Standard Oil and To-
bacco cases
Government attorneys were cut off from
much of the results Of their long investi-
cation into the meat packing industry by
the sudden move Of the packers. Instead
OF a trial on evidence. the fight. for a time
at least, must be conducted purely as an
argument Of law
Sherman Law Attacked.
The fight TINS becomes. not question
OF first issue as to the guilt or innocence
OF the packers. but plain attack on the
validity of the Sherman act. according to
attorneys for the packers.
The Suprerie Court. they say, in the To-
bacco and oil cases. converted the Sher-
man law into an illegal enactment sipce,
by placing each individual or corporation
on a standard of its own. built up on it's
peculiar individual acts, II took away from
all individuals the possibility of knowing
how their acts were TO be viewed by
jury "in the light Of reason" and this OBJ
scurity Of definition Of what constituted
crime was contrary to the Eighth Amend
rnent TO the Constitution.
In short. the petition. The attorneys say,
charges the Supreme Courts interpreta-
ton with nullifying the Sherman law. in
spite Of its action in ordering the dissou-
and the standard Oil Company. Only an
adverse decision 10 the packers contention
by the Supreme Court will give the gov
ernment attorneys an opportunity to use
the material they have gathered for the
prosecution. In the meantime the trial.
scheduled for Monday Of next week. prob
ably will be postponed, pending the decision
OF the higher courts on the new question.
Packers Counsel Talk.
John 5 Miller. who. as chief Of counsel
for the packers, conducted to-day's ac-
ton. characterized the Sherman law as a
net large enough to catch all possible Of
tenders. and leaves it to the courts TO step
in and say who rightfully can be detained
and who set at large"
Levy Mayer. of the packers counsel, said
tonight;
our move was inspired only by a desire
TO have a fundamental and all powerful
principle Of law determined for all time. II
is a mental impossibiity for the most high
minded or able lawyer 10 determine in ad-
vance what viii be called reasonable or un-
reasonable restraint of trade by a jury.
To leave il TO the court ana juries TO deter
mine what shall constitute a crime is TO
substitute anarchy for law and order. II
il ue the law that man may be guilty OF
crime without having a fixed rule or stand
ard 10 guide him I'm advance it Is time the
business world should know rs danger.
Declare Sherman Law Unconstitutional.
The petition for a writ Of haJeas corpus
contained little material other than the
argument used by the packers before Dis
trict Judge Carpenter when they sought to
have the indictments quashed, and later
In the arguments demgrring to the courts
decision in the indictment controversy. II
goes into more detail In the allegation of
iuSufhciency Of tile statute 10 set up a
crime. and IL lays more stress on what the
attorneys for the packers characterize as
the citizens inability to know whether he
is law breaker or not before a jury trial.
Alons this line the petition said
The alleged ciimnality of the alleged
transactions complained OF in the indict-
ments viii depend entirely upon par
ticular 1ury's view Of the reasOnableness
or unreasonahleness Of the particular case;
A. viii depend, not on any standard erected
Ly the law which may be known in ad-
vance. but on one that may be created by
the whim, prejudice or arbitrary views of
There is no set standard fixed or at
tempted 10 he fixed TO guide the citizen 10
q knowledge Of his guilt of innocence of an
offence charged. before it has been adJudi-
Gated.
,The act violates the Sixth Amendment to
the Constitution Of the United States,
which requires that the petitioners sew
etslly shall be informed Of the nature and
cause OF the accusation.
II frther is charged that the act at
teInpts TO establish as q crime acts not
criminal but civil In nature. The large
number of witnesses necessary TO trace the
rnultitudinous transactions Of a national
business is pointed out as an indication of
the great cost a trial Will impose. both on
the defence and the prosecution. hence the
REQUEST that the constitutionality Of the
act be determined
il became known to-day that since the
return OF the indictments there has been a
complete reorganization Of the National
Packing Company. Private weekly meet
ings. az which. the government charges,
prices were fixed. territories allotted and
amounts Of interstate shipments by each
of the firms decided. have been discon-
tinued and monthly meetings are now held
by the directors Edward Tllden remains
as president and director. J. ogden Ar
mour Edward Morris, the Swifts and other
defendants have resigned
OF the ten packers indicted all but J.
ogden Armour were temporarily in Gus
tody while the petition was heard The
nine are: Louis s. Swift president Of
Swift a. CO.; Edward F. Swift. yice-pres-
dent OF Swift & Co. Charles H. Swift di-
rector of Swift Co; Edward Tilden,
PRESIDENT OF the National Packing Com
pany; Arthur Meeker, general manager Of
Armour a. Co: Edward Morris. president
OF Morris & CO.; Francis Fowler director |
OF Swift & Co: Thomas J. Connors, d. /
A..