Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-12-12
Especial Correspondence

Especial Correspondence
Washington. Dec 12.-Incomparably
the longest and most bitterly contest
ed legal war ever Instituted under the
antitrust law came to its critical and
determinative engagement in Chicago
Monday. when the case Of the govern
ment against the packers went to trial
Senator W. s. Kenyon. OF Iowa. who
at the administrator insistent re-
quest has agreed to appear with the
go--ernment's counsel, left Sunday for
Chicago. expecting that the case will
keep him away most OF the time for
two and possibly three months. Mr..
Kenyon got into the nine-year litiGa-
ton only two years ago. but 1t was I'M
der his administration as assistant to
the attorney general and chief trust
buste- that the government finally got
hitch on the packers and has at last
succeeded in bringing them face to face
with jury. on criminal charges.
Case Started Nine Years Ago.
The governments pursuit of the big
packers and their alleged combine
started nine years ago. James r. Gar
field, then commissioner Of corpora
tions, made his famous investigation.
enjoyed the courtesies Of the packers,
had their affairs laid before him
and laid the foundation for their claim.
later. that their amiability had paid
for immunity.
John 8. Miller, the most famous Of
corporation criminal lawyers, invented
the immunity bath in that proceeding,
and made it good. The government
was bitterly disappointed. but the case
vas settled, and for a long time, in
deed, the legal authorities believed that
the packers were permanently immune.
and the packers themselves 30 con-
tended.
Kenyon Accomplished Something.
The government declined to accept
this Wow. New investigations were
started after Mr.. Kenyon became as
sistant to the attorney general. There
had been inquiry before. thst aod
much material had been gathered. Nj.
Kenyon put insistence behind the pro-
ceedings. and about two and .. half
years ago the corporations involved In
the combination were indicted. De-
murrers to the indictments were sus-
tanned in the spring OF 1910. and then
Kenyon. proceeding on the theory that
guilt 10 personal" set about to get
criminal indictments against the big
men in the packing business. There
the real. present contest started. I'm
mediately after these indictments ware
dismissed. Judge Kenesaw Mountain
Lands called a special grand jury to
investigate the question from the
criminal side. Mr.. Kenyon left his
Washington duties and proceeded to
take personal charge in Chicago. For
three months the grand jury delved
and delved. and then 1t returned the
indictments that have been the subject
of the long struggle ever since. Nine
multi millionaires. the biggest men in
the packing world said to have at their
back and in association with them
fifteen billions Of wealth. were indicted
for criminal conspiracy. II found gull
ty. they are subject to sentences of a
year in Jail. OF $4,000 fine. or both. It Is
no secret; rather, II Is Of the widest
notoriety that the government doesn't
care a straw about finest IL deter
mined to get Jail sentences II that Is
possible.
Dramatic Tactics.
The most remarkable series Of tech
nical interpretations were attempted by
the packers counsel, to prevent trial
The Immunity plea was advanced, and
knocked out. Demurrers were filed
argued and defeated. The case was re-
| moved from Judge Lands on tn!
ground Of prejudice, and taken before
| Judge Carpenter.
The last dramatic effort to defeat
the government was made only shor,
time ago. when the nine indicted mer
Unexpectedly appeared with their law.
yers before Judge Kohlsaat. and It wal
announced that their bondsmen desired
to surrender them. That meant thai
the men must be put under arrest. ant
II bond be not given. must be jailed
| Thus In actual arrest and custody, theil
attorneys Immediately filed application
for habeas corpus, alleging that tn
! criminal section Of the antitrust Law
was unconstitutional
| II was confidently believed that thi
lruse would succeed. Judge Kohlsaa
however on hearing refused the writ
and the case was Immediately appeale.
to the United States supreme court, an,
here again the packers lost. The las
possible barrier to trial was broker
down by the.government.
! Defense Has Many Lawyers.
4 The defense has twenty-on lawyers
Iheadel By John s. Miller. and Lev,
Mayef. For the government. 3eneto
Kenyon, District Attorney Wilkersor
pierce Butler. Of st. Paul, James Shee
Ian and Barton Corneau, OF Chicago
Ix,ss, a = $4,000 ~ 1s,il1 ho the 1r~ntna
battle 81 its kind ever fought In tn
country. and dramatic development
iaYe promised for every day.
The TAN administration IL We
known 10 regard this case AZ the che
dsoeuvre Of It's trust busting program
TO win It q keenly desired because Q