Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-11-15
Counsel For Accused Captains
of Industry Launch Attack On
ConStitutionality of Sherman
Antitrust Act
FILE APPLICATION FOR
RABEAS CORPUS WRIT
Fight Immediately Resolves It
self Into Argument of Law
Which Supreme Court Of Un-
tied States Must Decide,
n, Morning journal special Leased Wire.

IR, Morning journal special Leased Wire.I
Chicago Nov 14.-The indicted
Chicago meat packers, by preeipitat-
inc today a federal court decision on
the constitutionahty OF the Sherman
antitrust law. when they surrender
ed themselves into custody and asked
for a writ OF habeas corpus, merely
took steps necessary to carry the fight
before the supreme court of the
United States without cost or delay
Of a trial. it was announced today.
Government attorneys taken un-
awaros. we're cut off from much OF
the results Of their long investigation
into the meat packing inquiry by the
sudden move of the packers. Instead
of a trial to be supported by evidence
carefully brought together, the fight
for a time at least, must be con
Quoted purely as an argument OF
law
Fhe fight thus becomes not ques-
ton of first issue as to the guilt or
innocence of the packers, but plain
attack upon the validity of the Sher-
man act according to attorneys toT
the packers. They explain their po-
stion briefly in this wise;
The supreme court. m the Tobacco
and other cases, converted the Sher-
man law into an Illegal enactment,
since the court. by placing each indi-
vidual or corporation on standard
Of its own. built upon its previous
public acts. took away from individu-
ais all possibility of knowing how
their acts were to be viewed by a
sury in the light of reason, that this
obscurity Of definition of what con-
aituted crime was contrary 10 the
eighth amendment OF the federal con
sutution.
In short, the petition, the attorneys
say, charges the supreme court in
depreciation with nullifying the Sher-
man law in spite of the courts ac-
ton in ordering the dissolution OF
the American Tobacco company and
the Standard Oil company. only an
adverse decision to the packers con
tention bv the United States supreme
court will give the government at
torneys an opportunity to use the ma
terial they have gathered for the
prosecution.
In the meantime the trial sched-
uled for Monday of next week, un-
dOubtedly will be postponed, pending
the decision of the higher courts on
the question.
Attorney John S. Miller, who as
chief of counsel for the packers. con-
Quoted the court move, characterized
the Sherman law as met large
Enough to catch all possible defenders,
and leaves it to the courts to step III
hnd say who riehtfuliv can be de-
lained and who set at large,
Of the ten packers indicted, all but
J. Ogden Armour, were temporarily
in custody while the habeas corpus
petition was being heard. The nine
were.
Louis Swift president Swift and
company; Edward f. SWIFT, vice"
president Swift and company; Chas'
II. Swift, director Swift and com
pany; Edward Tilden, president Ma
uonal Packing company; Arthur
Meeker general manager Armour
Hnd company: Edward Morris, presl-
dent Morris and company; Francis
Fowler, director Swift and company,
Thomas Heyman. director Swift ana
company.
The petition for habeas corpus con-
lained little matter except the pack
rfs argument before Judge Carpeh-
W Nhen they sought 10 hdNe eiO
ndlctments quashed and later argu-
men against the courts decision.
,ng this line the petition said;
he alleged criminality of the al
lssea transactions complained OF IN
lle indictments will depend entlreN
ufon particular jury's view Of the
reas nabeness or unreasonableness
NJ particular case; it will depend
~ ipon amy standard erected by
taf wv, which may be known in ad-
tan but on one that may be Great
g the whim, prejudice or arbitrary
VIEW Of jury.
lere Is no set standard fixed, or
He pied to he fixed TO guide the
V"kf ration to knowledge of gullt
any offense alleged because IL
ha cen adiudicated
act violates the sixth amend
uief to the constitution of the Unit
eo ties, which requires that the pc"
u1N prs severaly shall be informed
nature and cause of the accu-
atoms of the fifth and eighth
e,a'N lments to the constitution are
'sp harged
g charged that the act attempts
sthbiish as crime acts not GRIM
ith4li but CiVil in their nature.