The Birmingham age-herald., 1911-11-19
Judge Kohlsaat Quashes the Writ of Habeas Corpus
 of Meat Packers
CASE APPEALED TO
 THE SUPREME COURT
Criminal Proceedings Against Pack CTS, Which Was to Have Begun Tomorrow, Is Postponed
 Until Wednesday

trust act succeeded late today In getting a delay until next Wednesday in the crim- inal trial, which was scheduled to begin Monday iR the United States district court.
 The delay was granted by Judge Kohl saat in the United States circuit court, where earlier in the day the defendants had been defeated in efforts to make ef- fective writ of habeas corpus. An ap- peal to the United States supreme court
 was allowed by Judge Kohlsaat on his decision.
 After deciding to quash the writ of habeas corpus and ordering the defend .ants remanded to their sureties, Judge Kohlsaat agreed to delay formal entry of hit decision and order until Wednesday mor1ipg This, 1t is assegted, will post pone the opptpg of the criminal trial of the packers lofs enough to permit the Indicted men to Jet their appeal to the United States supfsme court before they automatically accen> Jurisdiction in the district court by Apnsaring at the trial y there.
 James lsheean of speciA counsel for the government, made shaJ objection to this delay.
 'It has taken eight years to get plea of not guilty from pese defendants.' said Attorney sheean 10 the. court, "and now, six months afterfhe not guilty plea has been entered, the trial has not begun, and these aefendants have not faced q jury. I protest at any further delay and submit that counsel for these defend- ants has but one purpose in making his request for time, and that purpose is ] delay"
 Judge Kohlsaat, in discussing the re quest fer delay, said:
 \ T dc'not see },bF you will be any bet X ter off week fsbn now than you are to- dayN However, I will delay having the formal en1y of the order made until Wednesday porping." K Writ Quashed
 N The government won another move in !. it's fight to bringJto trial nine indicted K Chicago meat packers when Judge Kohl saat in the Unifed States circuit court { several days Sgo. Judge Kohlsaat held Athat tine circuit conrt had no power to is X sue a wri: except in extraordinary clr- 4eumstances Rnd that in the present case N was withoye the right. = < M "To. oq~ so," he said in ifiS, sdecision, V'.wouId be an attempt to review sthe Nnnding Of tRf United. States district fcourt.
 N "The order of the court will be to lquash the writ, remand the defendants ffor trial and surrender them to their 
 MI Levy Mayer, counselffor the packers, Oprayed-an appeal to the supreme court. In his decision on the habeas corpus |writ Judge kohlsaat ruled in part as The federal statutes give petition CTS the right of writ Of habeas Icorpus unless 1t appears he is not eil- Ntitled to 1t. The question of right to file a petition may be tested in two ways. 1t may be presented by issue made uopn motion for leave to file or 1t may be presented by motion to quash |the writ and dismiss the petition''
 Discusses Affidayits
 After rehearing the arguments for |'snd against, and discussing the affi- davits filed, the court ruled: No such issue of fact was raised by the affi- davits. With reference to the legality Ipf the surrender of the petitioners by Xtheir bail, the court is of the opinion khat they were for the purpose of this Proceeding deprived of their liberty and lsntitled to apply for the writ.
 "The court Is further of the opinion fhat 1t has the power to cause the writ 10 be issued,
 From a reading of cases in which d.he federal habeas corpus act has been Ioefore the supreme court it becomes Ihpparent that as a rule the granting Xiof writ irf cases in which the uues- Eions here involved have been presented has not been favored by that court. 1.-The rule seems to be clear that only pertain cases where exceptional circum- Hat .v<k.- ~rxs1J .xI
 he question Involved in the habeas xorpus proceedings to treat the case. 1 Tt appears the petitioners rely upon
 he allegations as to the magnitude
 and volume of their business
 would entail great loss should the su-
 ,reme court hold the habeas corpus pro-
 eedings unconstitutional after the trial Is had.
 Tt can hardly be claimed that the pos-
 'ibillty of loss growing out of the trial lgould constitute special circumstances as Contemplated In the decision of the court,
 ''It therefore. follows that this court l;annot take Jurisdiction of the habeas
 ,orpus proceedings under the circum-
 tances now presented. Moreover it ap-
 ,ears that the district court has full
 jurisdiction of that matter and has pass-
 Id upon that question and to take tbe sase at this time would practically ltmount to an attempt to view the de- ,Eision of that court
 lI For these reasons the motion to uuasb |{lnd vacate the order granting the writ NpS dismiss the petition must be granted. ] eEWe pray an appeal and ask your
 bnor to fix the amount of ball." said Attorney Mayer. Under khe law" said Attorney Sheean. government counsel
 when writ of habeas corpus is de- lied 1t is specifically provided that the Eespondent be remanded." Your honor's order to remand is void.' Xaid MT Mayer. We shall find un- Mss care be taken this question will Ts so snarled that there can be no ILdjudication."
 Washington, November 1s-The de- Iartment NsXustice will fight the ef- Tort of the Chicago meat packers to lecture a stay of proceedings in their
 rial sch eduled to begin Monday through ln appeal to the supreme court of the United States As soon as the appea
 teaches that tribunal counsel for the
 efendants will be at liberty to ask \ stay of proceedings in the criminal Vase until the supreme court has pass Id upon the appeal The department n justice will resist the granting ot Iae stay.
 Kolb Win Go to Mobile -.