The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-12-04
Counsel Will Question
Validity of Section of
Sherman Law.
SUPREME COURT TO
HEAR A RGU M EMIT
If Writ Asked For by Beef
Barons Is Refused, Their Case
Will Be Called on Wednes-
day, Unless Further Scheme
for Postponing Prosecu-
ton Can Be Found.
Especial to The Times-plspatch.

i II.
Washington. December 3.-when the
Supreme Court convenes tomorrow 1t
is expected that counsel for the in
dicted officials of the beef trust will
make n last frantic effort to postpone
the trial of their multi millionaire
clients on December s. by questioning
the validity OF that section of the
Sherman antitrust law applying to
criminal prosecution. and SUNG Tor Il
writ staying the trial till the matter
is settled in the highest tribunal. If
the Supreme Court grants the writ the
District Court trial will be delayed
indefinitely: II 1t refuses TO grant the
writ the packers Will have TO stand
trial on W ednesday. unless their coun-
sci can invent some further scheme for
delaying the governments prosecu-
ii n.
The Supreme Court argument will be
an echo of that employed before the
United States Circuit judge, C. c. Kohl
saat I'm Chicago, when the beef barons
secured a temporary writ OF habeas
corpus on the ground that the criminal
section of the Sherman antitrust law
was unconstitutional. and that the pc
titioners were actually imprisoned
and restrained of their liberty"
Judge kohlsaat quashed his writ on
November IL on the ground that a cir
cult judge had no right to issue such
an instrument unless the proceedings
wers extraordinary" and the case WAS
scheduled to go on trial the following
Monday, before Judge George A Car
penter. OF the United States District
Court OF Chicago.
On November 81, however, Judge
Carpenter granted a stay of trial on
application OF the packers counsel set
ting forth a desire 70 seek stay of
proceedings trial fro mthe Supreme
Court
The Supreme Court was not in session
at the time. and Chief Justice White
refused to grant such an instrument
on his own Initiative, holding that the
matter must be taken under advise
ment by the court as a whole. On
November % Judge Carpenter set the
trial for December s, and the beef
barons laid plans to tako the matter
before the Supreme Court soon after
that body convenes Tomorrow.
Extensive Prosecution.
The prosecution of the beef trust
officials is the most extensive ever at
tempted under the criminal provision
OF the Sherman antitrust law. They
are charged with forming a combina-
ton in restraint of trade, which, jt
is alleged. controls absolutely the price
of fresh meat in the United States. II
convicted the packers are liable to
fine OF $1,000. or, impris for one
year. or both.
There are five counts in the indIet-
ments. charging the packers with hav-
ing entered into a conspiracy to con
troll the fresh meat prices of the coun-
try, and two in each of tho other in
dictments. viz: one charging the
formation OF the National Packing
company as means of con-
trolling the fresh meat prices and the
other seeking to monopolize the fresh
meat business contrary to the Sher-
man antitrust law.
The wealth of the indicted beef
barons approaches the thousand mill
lion mark. and they have engaged
some of the most brilliant lawyers in
the United States. Those who face
criminal proceedings tomorrow are:
Louis L. Swift. president of Swift &
Co.; Edward F. Swift, vice. president
of Swift & CO.; Edward Tilden, presi-
dent of the National Packing Company;
j. Ogden Armour. president of Armour
& Co.; Arthur Meeker, his general man
ager: -.dward Morris, president of Nor
ris &c Co.; Francis y. Fowler, director
of Swift G. Co.; Thomas j. Connors
Armour's superintendent. and Louis
Lyman, manager for Morris G. Co,
Inc ITlal VIII ne OF the greatest
Importance. It will not only deter
mine whether or not the National
Packing Company Is an illegal cor
poraion, controlling absolutely the
price of meat in the United States, but
1t will also determine whether or not
the eight year investigation and prose-
cution of the beef trust officials and
the expenditure OF vast sums from the
public treasury have been In vain.
Counsel for Government.
At the Office of the United States
District Attorney, James II. wilker-
son. who Is in charge of the prosecu-
ton, II was stated to-day that the
government had retained the services
OF Oliver II. Pagin and Baron Corneau
both of the United States Department
of Justice. and widely known as trust
busters" In addition to this counsel,
District Attorney Wilkerson will he
assisted by Elwood Goldman.
The packers attorneys include John
S. Miller, famous for his connection
r.