The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1911-11-17
BITTER LEGAL
FIGHT BEGINS
ONE OF THE HARDEST FOUGHT
BATTLES YET RECORDED.
SHERMAN LAW is AT STAKE

The Constitutionaity of the Sherman
Antitrust Laws Criminal Provis-
ions Is Attacked in Argument Pre-
scented by Beef Barons.
Chicago, Nov 16.-What gives prom
Use of being one of the bitterest and
most important le~Tl battles ever
Fought out in the federal courts began
today before United States Circuit
Judge Kohlsaat. At 10 o'clock coun-
sci for the government and the So
called beef trust had arranged to be
on hand for an argument on nine in
dicted meat packers in which they at
tackled the consttutonality of the
criminal provisions of the Sherman
antitrust law.
All possibility of the packers being
brought to trial Monday before Dis
trict Judge Carpenter has ended ac-
cording to attorneys for the packers
They say the case canot be heard be-
cause the district court has lost juris-
diction, inasmuCh as Judge Kohlsaat,
of the United States circuit court, has
released the men on bonds The re-
lease of the defendants on circuit
court bonds lifted" the case out of
the district court, it was added.
An Appeal Is Certain.
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 long time. If the decis
ion favors the packers District Attor
ney James H. Wilkerson will appeal
to the supreme court of the United
States, and if it is 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
: jurisdiction of the United States dis
trict court, where Judge Carpenter
had set the trial of the packers fol
next Monday.
' Speaking of the case, Judge Kohl
. saat said:
This is one method of getting thu
law question alone before the su
o preme court without it's being miXe'
I with a question of fact. 1t is done, a
I | understand it, for the purpose o
p getting a construction of the Sherman
A antitrust law as it affects the ques
I ton involved in this case. Interpre
O tation of the criminal prosecution sec
!. ton of the antitrust law should be Sc
# cured as soon as possible to make tn
q situation clear to the business intel
ests of the country"
Notice Was Not Necessary.
Judge Kohlsaat said he would nc
regard these proceedings as revie'
j. of Judge Carpenters rulings He sal
his understanding was that jude
If Carpenter had not passed on the que
Al tons involved in the application fc
r writ.
% Judge Kohlsaat also said that it We
Is not necessary that the government a
,e torneys be given notice by opposir
H. counsel in cases of this kind.
ii. "The move obviously is for delay
y said Mr.. Wilkerssn "The defen'
should have given rs notice and &c
e, tainly should net have waited uni
It. the venire was called, 1t would see
81. that if any attempt of the kind we
ri. to be made it should have been ma
la at last six weeks ago, Witnesses ha
re been summoned and the governme
or has gone to enormous expense to pl
hit sent the case for trial. The mere ia
re that the defendants have filed
tition and obtained a prelimina