Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-12-22
VERY UNUSUAL Business
PROFITS HELD TO BE BELOW 10
PER CENT-LESS THAN 5
PER CENT ON MEAT.
HIGH COST BUT NATURAL
National Company Organized In Good
F'aith--Bettcrcd Rather Than
Injured the Business.

CHICAGO, Dec. 21.-Denying ev-
cry material allegation made by the
government against the ten Chicago
District Judge Carpenter for violation
of the criminal section of the Sher-
man law, Attorney George Il. Buck
ingham today outlined the case OF the
defendants in his opening statement
to the jury.
The defense met defeat when
Judge Carpenter at the opening of
court denied motions to eliminate
counts two and three from the in
dictment and to have the jury disre-
gard statements made by District At
torney Wilkerson In his opening ar
gument regarding certain acts of the
defendants prior to the three year
period covered by the indictment,
The Business Is Unusual.
Attorney Buckingham indicated in
detail the method of buying, selling
and accounting used by the packers,
and declared that the unusual nature
Of the business made some such sys-
tenn absolutely necessary. In outlin-
Ing the packers defense, Attorney
buckingham made salient statements
in reply to their charges of the gov.
ernment, among which were:
That the business operations OF
the packers do not constitute an I'M
due and unreasonable restraint OF
trade under the Sherman law, as re-
Gently interpreted by the United
States supreme court In the cases
Of the Standard Oil and American
Tobacco companies.
Bettered the Business.
That the company had bettered,
rather than injured the business.
That the governments proof of the
alleged combination must be confined
to the three year period subsequently,
to 1907.
That the profits of the packers
do not exceed 10 per cent on the ac-
tual money invested.
Profits Very, Very Small.
That the profits on sales of meat
do not exceed 3 per cent.
That no agreement on the purchase
price of cattle or the sale of meats
were made by the combination.
That weekly prior meetings held
for the packers were for the purpose
of pointing out stocking of the mar
ket with purchasable fresh meats.
and not to fix prices or to suppress
competition.
That there are nearly 800 inde.
pendent concerns In daily competi.
ton with the indicted packers.
Sell just "a Little.
That the defendants supply less
than 20 per cent Of the meat used in
this country.
That the high cost of meat Is the
result of a variety of economic caus-
es. and not due to any combination
among packers.
That the National Packing COM
pany was organized in good faith to
transact legitimate business and
not to perpetuatc any system for the
fixing Of prices or the control Of the
product.
Attorney Buckingham addressed
the jury as the representative of -four
of the defendant packers, Louis f.,
Edward, and Charles II. Swift and
II. A. Fowler.
Denies Conspiracy System.
Pointed paragraphs In his state.
ment were:
1T Is specifically denied that the
cost system now in use was invented
for the purpose of enabling a combi-
nation between the packers.
I'VE deny the charge that the d.
rectors of the National Packing COM
pany made any agreements about any
business except that of the National.
The old trade arrangement, whose
object to prevent the over-accumu-
lation of meats as perlshable arti-
cles In the various markets was end
ed by agreement prior to June. 1902.
The indictment charges that the Ma
uonal Packing company was organ
Hed for the purpose OF pertaining
t. the old arraignment.
This is emphatically denied.p
Attorney William Borders, repre-
sentlng the Morris group of defend
ants, Will speak tomorrow morning
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