Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-03-25
ACTION ON PACKER
DECREE is SOUGHT
U. S. viii Ask for Final Court
Rule on Consent"
Decision.
By DEAN D1NwooDEY.

The concluding chapter Of the anti
trust litigation between the Depart
ment Of Justice and the national pack
ers, which has now lasted for over 10
years, has not yet been written. Solicit
tor General Thatcher now announces
that the Federal Government will seek
q flna. determination of the case by
the Supreme Court of the United States.
The present appeal will be taken from
the decision of the Supreme Court Of
the District Of Columbia, which modi-
fed the famous packers consent decree,
entered in 1920, by removing restric-
tions therein which had prohibited the
national packers from manufacturing,
wholesaling and distributing So-called
unrelated food lines, such as vegetables,
fruits, fish and cereals.
Decree Not Effective.
The consent decree, although entered
IL years ago, has never been effective,
so that in fact the restraints placed by
it on the business activities of the pack
ers have not been enforced. The de-
cree exists, however, ready to be exc
cuted if the packers fail in their last
move to have it modified. Should the
highest tribunal disagree with the cen
cluSion of the lower court, its decision
will erase the final hope OF the big
Counsel for Armour & Co. and Swift
g. Co. argued in the trial court that
merchandising conditions have so
changed since the consent decree was
entered as to no longer make necessary
its stringent terms. A monopoly does
not exist in the meat industry at the
present time, they said. Evidence was
also produced to show that monopoly
nv the meat packers in the food INDUS
try Is an impoSSibility.
In the Supreme Court the packers
must first prove that the consent de-
cree can legally be modified. II they
successfully clear this first hurdle
is believed the Supreme Court VIII per-
init the packers to handle the unre-
lated food lines. Incidentally. the Gov
eminent so far has not contested the
right Of the lower court to modify us
decree. though it was entered upon
agreement Of the parties.
Entire Request Not Granted.
The Supreme Court Of the District
Of Columbia did not grant the request
Of the packers in us entneCy' a1y
demanded the right, although openly
disavowing any intention to exercise
II. to establish and operate retail stores.
Their attorneys have not yet deter
mined whether they will file q cross
aupeal from the denial Of this relieI,
bit it Is thought they will forego TINS
privilege and bend their efforts toward
insuring partial success Of their cause;
. the decision of the Department Of
Justice to take its appeal to the SUI
nrene Court may well have been IN.
duced. in part, by the constant tnreat
in Congress to attempt the enactment
Of legislation which would nullify the
effects of the modified judicial decree.
IN its report to the Senate Just prior
to adjournment of Congress, the COM
mittee investigating food prices de-
cIared, THE facts as to the influence
OF the big packers over the meat m
dustry are well known" inferring some
remedy In this regard must be nad:
A decision by the Supreme Court 10
the packers case may not be antlci-
mated before the end of the year. Inc
case will not be heard by the court
until after it begins its Fan term IN
(copyright. 1917