The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-15


marshal of the packers, and an i'm
mediate appeal to United States Cir
cult Judge c. c. KohIsaat for a writ
of habeas corpus. The arguments will
be heard Thursday.
Violations of the fifth, sixth and
eighth amendments to the United
States constitution, ambiguity and its
alleged failure either to create an Of
Tense against the government or so to
define what it set up as an offense in
a manner that would enable the citi-
zen to know when he erred and when
not were charged against the Sher-
man law as interpreted by the United
States supreme court in the Standard
Oil and tobacco cases.
Attorney John S. Miller, who. as
chief counsel for the packers, conduct
ed the court move, characterized the
Sherman law as net large enough
to catch all possible offenders, and
leaves it to the courts to step in. and
say who rightfully can be detained
and who set at large
OF the ten packers indicted. all but
J. Ogden Armour were temporarily in
custody while the petition was being
heard.
The nine were:
Louis F. Swift, president Swift &
Edward F. Swift. vice president
Charles H. Swift. director Swift &
Co.
Edward Tilden. president National
Arthur Meeker. general manager
Armour & Co.
Edward Morris, president Morris &
Co.
Francis Fowler, director Swift & Co.
Thomas ]. Connors. director Armour
& Co
Louis H. Heyman. manager Morris
& Co.
Petition for Writ.
corpus contained little material other
than the argument used by the pack
ers before United States District Judge
George Carpenter when they sought
to have the indictments quashed. and
later, in the arguments demurring
from the courts decision in the indict-
ment controversy. 1t does go into
more details in the allegation of in
crime. and it lays more stress on what
the attorneys for the packers charac-
terize as the citizens inability to know
whether he is lawbreaker or not be-
fore a jury trial.
Along this latter line the petition
said:
The alleged criminality of the al
legged transactions complained of in
the indictments will depend entirely
upon particular case; it will depend
not on any standard erected by the
law which may be known in advance,
but on one that may be created by the
WHICH,, pLeJuulCe OF dTD1lEdTy views OF
a jury.
There is no set standard fixed, or
attempted to be fixed to guide the
citizen to a knowledge of his guilt or
Innocence of an offense charged, be-
fore it has been adjudicated.
The act violates the sixth amend
mert to the constitution of the United
States which requires that the petit
TONERS severally shall be informed of
the nature and cause of the accusa-
ton"
It further is charged that the act
attempts to establish as a crime, acts
not criminal, but civil in their nature.
The large number of witnesses neces-
sary trace the multitudinous transac-
lions of a nationwide business is
pointed out as an indication of the
great cost q trial will impose. both to
the defense and to the prosecution,
hence the request that the constitu-
tiOnality of the act be determined.
District Attorney Wilkerson, after a
conference with his aides in the beef
case, sent a long telegram to Washing
ton advising Attorney General Wicker
sham of the move of the packers. Mr..
denied that the trial would
be delayed, saying that he expected it
n nrOcpad on Monday