The Birmingham age-herald., 1911-12-04
THE SUPREME COURT .TOKEAR ARGUMENTS
 IN PACKERS CASE
Attorneys Will Make One Last Effort to Delay
 Prosecution
TO ASK WRIT TO STAY.
 THE CHICAGO TRIAL
Supreme Court Argument Will Be an Echo of That Employed Before Judge Kohlsaat in Habeas Corpus Proceedings

 Washington, December 3-(Special.)-- When the supreme court convenes to- morrow it is expected that counsel for the indicted officials of the Beef trust will make a last frantic effort to post bone the trial of their multi-millionaire clients on December by questioning the validity of that section of the Sherman antitrust law applying to criminal prose- cution. and suing for a writ staying the
 trial till the matter is settled in the highest tribunal. If she supreme court
 grants the writ the district court trial will be delayed indefinitely: if it refuses to grant the writ the packers will havo to stand trial on Wednesday, unless 'ther counsel can invent some further scheme for delaying the governments prosecu- l ton.
 | The supreme court argument will be m echo of that employed before the United
 States Circuit Judge c. c. Kohlsaat in l Chicago when the beef barons secured l a temporary writ of habeas corpus on l the ground that the criminal section of the Sherman antitrust law was unccn-
 stitutional and that the petitioners were 1 actually imprisoned and restrained of
 their liberty"
 l Judge Kohlsaat quashed his writ on ] November IS on the ground that cir
 cult judge had no right to issue such a:r
 instrument unless the proceedings were
 extraordinary" and the case was sched- uled to go on trial the following Mon l day, before Judge George A. Carpenter
 of the United States district court of
 Chicago.
 Stay Granted l On November 21, however, Judge Car penter granted a stay of trial on appii- l cation of the packers counsel setting forth a desire to seek stay of proceeding l trial from the supreme court. The sii-
 preme court was not in session at the time and Chief Justice White refused
 to grant such an instrument on his own 4 Initiative holding that the matter mlSt
 be taken under advisement by the ,oufts
 as a whole. On November 25 Judge
 Carpenter set the trial for December 6, and the beef barons laid plans to
 take the matter before the supreme
 court soon after that body convenes to- | morrow.
 The prosecution of the Beef trust of | tempted under the criminal provision of l the sherman antitrust law. They are charged with forming a combination in
 restraint of trade. which, it is alleged l controls absolutely the price of fresh
 meat in the United States. If convicted
 the packers are liable to a fine of $500o, l or. Imprisonment for one year, or both. Theer are five counts in the inclict- l ments charging the packers with having entered into a conspiracy to control the 1 fresh meat prices of the country and l two in each of the other indictments. viz. one charging the formation of the | National Packing company a means of controlling the fresh meat prices and | the other seeking to monopolize the l gresh meat business contrary to tho Sherman antitrust law. The wealth of the indicted beef arons approaches the s1.00o, 00o,o00 mark, and they have engaged some of the most brilliant lawyers in the United States. Those who face criminal pro- ceedings tomorrow are Louis r. swift, president of Swift & Co.,; Edward F. Swift, vice president of Swift & Co: Ed ward Tilden, president of the National 7 Packing company; J. ogden Armour. president of Armour & Co; Arthur Meeker, his general manager; Edward Morris, president of Morris & Go; Fran cis A. Fowler director of Swift X Co.,; Thomas J. Connors. Armours superin- ;endent. and Louis Hyman. manager for Morris & Co.
 Great Importance The trial will be of the greatest inn portance. It will not only determine whether or not the National Packing company is an illegal corporation. con- trolling absolutely the price of meat in lhe United States. but 1t will also de- termine whether or not the eight year investigation and prosecution of tho beef trust officials and the expenditure of vast sums from the public treasury las been in vain. At the office of the United States dis trict attorney James H. Wilkerson, who is in charge of the prosecution, 1t was stated today that the government had retained the services of Oliver II. Pagin and Barton Corneau, both of the United States department of justice and widely known as trust busters" In addition to this counsel, District Attor- ney Wikerson will be assisted by Ei- wood Goldman.
 The packers attorneys include John l $. Miller famous for his connection with the Standard Oil and other cases; George T. Buckingham and Levy Mayer. The presenting of testimony will take up great deal of time, and it Is ex- pected that the case will not go to the jury for weeks and perhaps months. Taken chronoligically the fight has gone along in this wise: February IS, 1903, Judge Peter S Grosscup, at the request of the federal authorities Issued an injunction that restrained the Chicago packers from en- tering into combination. This was the first move of the United States against the Chicago men. Quiet for Two Years Matters run along with desultory legal firing on both sides after this for two years Then in February of that ear the department of justice began to gather evidence of the alleged existence 1 of the beef trust A special grand jury 10 hear the case against the packers, as 1 government agents had completed it.. was called in March, 1905. Indictments against four companies and 16 indiv,d- ual packers were voted by the federal grand jury July 1. 1905. In December | the cases were called for trial and were postponed fle Tn March. 1906. Judge Humphreys sit- | ting in the United States circuit court 1 rendered a decision referred to since ls ! the packers immunity bath The cir cumstances were these: Soon after the l formation of the department of commerce 1 and labor and then commissioner of cor-
 CONTINUED ON FACE 2,