The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-11-19
il Has Taken Eight Years so Far and
the Packers Have Not Yet
Come to
Court.
IS AGAIN POSTPONED
sIowness of Mcnamara Trial is an
Express Train Compared
to This Litl-
CATION.

limited Press Leased Wire Service.]
CHICAGO, Nov 1S.-The packers
will not go to trial on Monday. The
department Of justice, the Taft ad-
ministration, and the U. S. govern
ment behind them, can't force trial
OF. the beef barons. Uncle Sam to-
night is treading the old familiar by
Businesses that they started in to ex-
plore back in July, 1903 1t will take
at least three possibly three
months possibly longer-for the I'm
tied States government to find out
where it stands.
This is the situation with which the
department of justice agents here to-
night find themselves confronted. The
governments legal forces won a
sweeping victory in the morning. This
afternoon the packers had their in
ming.
United States Circuit Judge C. G..
kohlsaat early today quashed writ
of habeas corpus sued out by the
packers Apparently he inclined to
the plea of the government that the
move was another eXpedient on the
part Of the beef barons to gain time
after eight years of the same sort Of
sparring for time. He granted the
4 packers the right to an appeal from
n this decision quashing the writ, but
# refused to take from the U. s. district
court jurisdiction in the main case
n. >F ,x,Io
not the millionaire heads of the pack
ing houses are guilty of conspiracy in
restraint of trade. The trial on the
main issue was set for a beginning
next Monday.
United States District Attorney
Wilkerson and his aids decided thar
the last legal obstacle to actual trial
of the packers had been removed by
this decision. Attorney Levy Mayer
for the packers, made announcement
that an appeal of the defense on Judge
Kohlsaat's decision against then
would be taken to the supreme cour1
of the United States. His contention
was that the question of constitution
ality of the penal section of the Sher
man law demanded immediate adjudl
cation, and that this question was in
yolved in the appeal. The govern
ment, however, figured that from
Judge Kohlsaats decision, this appea
would be separate and apart from tn
trial of the case on the Issues OF fact
This afternoon, when the govern
ment aid had completed their preps
rations for bringing the packers be
fore the first jury they were any
where near facing in eight years, tn
situation was reversed. When tn
time came for formal entry OF tn
order of the court in quashing the VII
and allowing an appeal--ordinarily
perfunctory proceeding Attorne
Mayer protested to the court that
the appeal were perfected immediate
ly the defense would be put to grea
disadvantage in having immediatel
to prepare the formal papers OF tn
appeal. The matter of properly pr
senting the vast evidence involved, n
said, required time. He pleaded fe
two weeks.
Attorney Sheean, for the goyerl
ment, was on his feet instantly II
pointed out that the government wa
prepared for the trial on Monday
that the veniremen for the jury WEI
summoned, and that the machinery
the law was started, and to postpor
the matter In the circuit court Woul
force the government to continue u
trial here at great expense TO u
government.
For eight years" he sad, u
government has been trying TO g
these defendants before the bar OF ]
courts to plead After eight years
has compelled them to appear al
plead. Now they come into this cou
TO procure a dilatory order in 'ri'
to remove jurisdiction and preVel
their trial.
After few moments eonsloeratie
Judge Kohlsaat balanced the appe
of counsel on both sides--and srant'
the packers permission to delay tne
appeal until Wednesday
This means that the trial set .
fore Judge Carpenter will have 10
postponed. Uncle Sam VIII nave
pay witness fees and expenses
nearly 500 witnesses and yenirem'
until next Wednesday at least
which date the governments couns