The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-11-16
LAWYERS PREPARING
THEIR ARGUMENTS
Case of Meat Packers Will
Come Before Circuit
Judge Today.
CERTAIN TO GO HIGHER
Supreme Court Will Be Called
Upon TO Make the Final
Decision.
CERTAIN TO GO HIGHER

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 federai
authorities, and through their lawyers
secured an order for writ OF hapeas
corpus, busted themselves today In prep
aration for the arguments they VIII
present when the case is called AT III
O'Clock tomorrow morning before Judge
c, c. Kohlsaat in the United States cir
cuit court.
Although Judge Kohlsaat's action on
the writ will be awaited with Keen IN
terest: it was the general opinion today
that. wlatevor the ruling of the court
may be, the whole affair VIII be de-
layed for a long time,
If the decision favors the packers.
District Attorney James II, Wilkerson
Will appeal to the supreme court of the
United States, and if it is against the
packers. counsel for the indicted men
will carry their cases TO the, higher
court In either ease the so called beef
trust case is for the present out of the
jurisdiction OF the United States dis.
trict conrt. where Judge Carpenter had
set the trial Of the packers for next
Monday.
Speaking of the case Judge Kohl.
ssat said:
''This is one method Of getting the
law question alone before the supreme
court without it's being mixed with
question of fact II is done. as | under
stand it. for the purpose of getting
construction Of the Sherman antitrust
law as il affects the question involved
in this case.
Interpretation of the criminal
prosecution section of the antitrust law
should bc secured as soon as possible
TO make the situation clear to the bust
ness interests Of the country
Judge Kohlsaat said he would NOT
regard these proceedings as A review
Of Judgc Carpenter S rulings He said
his understanding was that Judge Car.
penter had not passed on the questions
involved in the application for writ.
Judge Konlsaat also said that 1t was
not necessary that tho; government at
torncys be given notice by opposing
counsel in cases Of this kind.
"The move obviously is for DELAY, -
said Mr.. WiIkerson "The defense
should have given us notice, and GER
tainly should not. have waited until the
veuire WAS called 1t would seem that
if any attempt of The kind were 20 he
made, it should have been made at
least six weeks ago Witnesses have
been summoned anil the government
has gone IA great expense to present
the rnse for trial.
1.-The mere fact that the defendants
have filed petition and obtained a
preliminary writ means nothing. The
court will decide their right TO the
writ. There is nothing novel in the
situation. All questions raised in the pc
titiou have been ruled on by Judge
Carpenter in favor Of the government -
All possibility of the. packers being
brought to trial Monday before District
Judge Carpenter ended. according TO
attorneys for the packers. They say
the case cannot be heard because the
district court has lost jurisdiction. in.
asmuch as Judge kohlsaat Nj the United
States circuit court has released the
man on bonds.