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Show NEW POINTS RAISED II CONSPIRACY CASE Union Pacific and Short Line Want Reargnment "on Conflict Con-flict of Laws. The defendants in the case of the" United States against the "Union Pacific Pa-cific Railroad company, Oregon Short Line Kailroad company, Everett Buckingham Buck-ingham and James !M. Moove filed a petition pe-tition in the Pcdornl court Tuesday for rearrangement of tho demurrer to tho indictment which was found against them at the Xovembor term of court in 1906. charging them with a conspiracy conspir-acy against the United States. At tho November term of court the demurrer to tho indictment was argued and submitted and at tho April term the court gavo its decision, sustaining the demurrer to the necond count in the indictment and overruling it as to the first count, and requiring tho defendants defend-ants to rdead to tho first count. In their petition, the defendants allege al-lege that notwithstanding that the first count in. the indictment charges them with a conspiracy to commit an offense against the United States, to wit, to violate the interstate commerce laws of the United States, which were enacted by Congress, and approved February -1, 1587, undor tho title, "An act to regulate regu-late commerce," the court did, by its decision, require the defendants to plead to the flr6t. count in the indictment as charging an offense defined by another act of Congress entitled, "An net to protect trade and commerce against unlawful restraints and monopolies." approved July 2, 3S00. The defendants in their petition submit sub-mit that tho court erred in holding them to answer to the first count for an offense defined bv the act of Congress Con-gress approved July "2, 1S90. They further fur-ther contend that the indictment will not support a conviction or an acquittal acquit-tal on any offense defined 'bv that act. The defendants further claim thnt their attorneys and counsellors wero induced in-duced to believe and did believe that the government made no contention that the indictment in the first count could bo held to stato an offense against the United States under any act of Congress Con-gress other than that specially designated desig-nated in the indictment, and therefore mado no argument to the court upon the question made by the decision of tho court upon the domurrer. 1, F1orJhcSn r.easons tho defendants ask that the decision of the court, bo set aside and tho case opened for re-argument, at the beginning of tho next term ot the Federal court. |
