Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-11-16
Judge KohIsaat Grants Delay
in Packers Case.
ARGUMENTS PRESENTED
Attorneys for the Government Urge
That Writs Be Quashed
MAY APPEAL TO HIGH COURT
Indicted Men Announce Intention
to Get Ruling on Criminal
Section Of Law.

CHICAGO, November 16.-No decision
in the appeal OF eight indicted Chicago
packers for writs of habeas corpus can
come before tomorrow. Judge Kohlsaat
in the United States circuit court today
granted a twenty-four-hour delay for
counsel for the packers to answer am
davits filed by the government attorneys.
In the meantime arguments were pre-
sented by attorneys for the government
urging that writs issued November IA be
auashed and the government allowed to
proceed with its trial. set for next Mon
day. on indictments. charging violation
of the Sherman antitrust law.
In any event, it Is not believed the
trials of the packers will begin Monday.
In case Judge Kohlsaat sustains the gov
ernment's contention that the packers
petition was not In good faith ana
quashes the writ, the indicted men have
announced they will appeal to the Su-
preme Court and thus obtain a ruling on
the constitutionality OF the criminal sec
/ tions of the Sherman law. This. ac-
cording to counsel, will have the effect
/ of preventing trial on the indictments
until the ruling.
Should Judge Kohlsaat grant the wrfts
the government will appeal to the Su-
preme Court
Attorney Sheean's Argument.
"Our purpose here is to review the
constitutionality Of an act on which GER
tain indictments are predicated, said
Attorney Sheean. for the government.
IT insist that the defendants to have
been surrendered legally should have
surrendered in open court and not to q
federal marshal To mako such surrender
legal the officer must be able to set up
in his return that he held these defend
ants under or by virtue Of some writ or
process which has its foundation In inc
proceedings at issue.
These defendants surrendered merely
! upon their own bonds and not upon any
| process issuing from this court There
1 fore l advance that the surrender waG
/ illegal and should not be permitted to Cd
! tain
| Two afidavits were filed by District
Attorney Wilkerson and his aids. Th'
+ first was by Mr.. Wilkerson and the sec
ond was by Deputy United States Mar.
shall John P. Wolf. VOLTS amdavit gel
/ forth that he informed counsel for the de.
/ PENDANTS at the time of surrender tna'
! he doubted the legality Of the surrender
Motion to ouash.
While Judge Kohlsaat was in chamber
reviewing the motion and afhdavits. coun
sci for the packers carefully went ovel
| copies of Mr.. Wilkerson's affidavits The
| chief contentious Of the government were
| that the packers had not acted in good
| faith In applying to the circuit court: ano
| that the circuit court was without Juris.
| diction The motion to quash was asked
| for the following reasons:
| First-That the circuit court was with
| out Jurisdiction to enter the wrtts.
Second-That the petitioners were not
| imprisoned or restrained at the time OF
! filing the petition.
| Third-That the leave to file petition
was granted in ignorance OF the essential
| facts bearing upon the proprfety OF en-
tertaining such a petit
Fourth-That the petition was not IN
| good faith. but was for the purpose OF
/ avoiding trial on the issue OF the indict-
| ments.
Fifth-That the petitioners were not ar
rested, but the pretended imprisonment
was at their own instance to give ground
l for allegations of the petitions.
| Sixth-That the petitioners have I'M
| posed on the court by making II appear
/ that the purpose of their act is to OBJ
| tain a decision on the validity OF the
Sherman act whereas the true purpose is
! to transfer the custody of the petitioners
| from the district court so as to prevent
| trial upon Indictment
| Seventh-Each of the petitioners has
| pleaded mot guilty to the indictments.
| and is not entitled to have any questions
decided by other than the district court
until a Judgment had been entered
against him upon verdict finding him
guilty.