The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-15
ATTACK THE LAW
The Beef Packers Check the
Government Prosecutors
By Applying for a Writ of Ha-
beas Corpus.
ALL ARE RELEASED.
The Case Now Becomes One of
COnstitutiOnality.
VIII Be Taken Directly to the
Supreme Court.

Chicago, Nov. 15.-Counsel for the
| government and for the packers under
| indictment for criminal violation of the
/ Sherman antitrust law, who yesterday
| surrendered themselves to the federal
| authorities and through their lawyers
| secured an order for writ of habeas
corpus busted themselves today in pre-
paration of the arguments they will
present when the case is called before
Judge c. c. Kohlsaat in the United
States circuit court. Although Judge
Kohlsaats action on the writ will be
awaited with keen interest it was the
general opinion today that whatever the
ruling of the court may be the whole
affair Will be delayed for a long time.
If the decision favors the packers
District Attorney James H. Wilkerson
Will appeal to the supreme court of
the United States and against the pack
ers. Counsel for the indicted men will
carry their cases to the higher court
In either case the so-called beef trust
case is for the present out OF the Jur-
isdiction of the United States district
court where Judge Carpenter had set
the trial of the packers for next Mon
day.
Speaking of the case last night Judge
Kohlsaat said: This is one method
of getting the law question alone be-
fore the supreme court without its be-
ing mixed with a question of fact It
construction of the Sherman antitrust
law as it affects the question involv-
ed in this case. Interpretation of the
criminal prosecution section of the anti
trust law should be secured as soon as
possible to make the situation clear to
the business interests of the country
Judge kohlsaat said he would not
regard these proceedings as a review of
Judge Carpenters ruling He said his
understanding was Judge Carpenter
had not passed on the questions in
volved in the application for writ
Judge Kohsaat also said that 1t was
not necessary the governme Mt attorney
be given notice by opposing counsel in
cases of this kind
Move Made for Delay.
The move obviously is for delay"
said Mr. Wilkerson- The defense
should have given US notice and GER
tainly should not have waited until the
Venire was called. 1t would seem that
If any attempt of the kind We're to be
made it should have been made at
least six weeks ago Witnesses have
been summoned and the government
has gone to enormous expense to pre-
sent the case for trial.
The mere fact that the defendants
have fled 4 petition and obtained a pre-
Iirainary writ means nothing. The court
will decide their right to the writ There
IS nothing novel in the situation All
questions raised il the petition have |
been ruled on by Judge Carpenter in |
favor of the government
Government attorneys, taken un- |
awares. were cut off from much of
the results of their long investigation |
into the meat packing industry by the /
sudden move of the packers Instead /
of a promise to be supported by evil /
dence carefully brought together, the /
fight, for time at least, must be con-
Quoted purely as an argument OF law
The fight thus becomes not ques-
ton of first issue as to the guilt or in
of the packers but plain at
tack on the validity OF tfHe sherman
act, according to attorneys for the
packers They explain their position
briefly in this wise:
The supreme court in the tobacco
and oil cases, converted the Sherman
law into an illegal enactment, since
the court, by placing each individual
or corporation on a standard of its
own, built up on its peculiar acts, took
away from all individuals the posi-
bility of knowing how their acts were
to be viewed by jury in the light of
that this obscurity of defini-
ton of what constituted crime was
contrary to the eighth amendment of
the federal constitution.
IN short, the petition, the attorneys
say. charges the supreme court inter
probation with multiplying the Sherman
law in spite of the courts action in
the dissolution of the Ameri-
can Tobacco company an the Stand
ard Oil company
Case Is Tied Up.
Only an adverse decision to the
packers contention by the United
states supreme court will give the
government attorneys an opportunity !
o use the material they have gath
cred for the prosecution.
In the meantime. the trial. sched-
lled for Monday of next week, IN
loubtedly will be postponed, pending
he decision of the higher courts on
he new question.
The move was a complete surprise
% the government and consisted in