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Show packers take fight to sufiie court: Indicted Men Surrender and Then Apply for Writs of Habeas Corpus. CIIICAGO, Nov. 11 The indicted Chicago Chi-cago meat packers, by precipitating to-day-Bfcdcvalcourtdiiclslon on the constitutionality con-stitutionality of thc Sherman anti-trust law, when they surrendered themselves Into custody and asked for a writ of habeas ha-beas corpus, merely took steps necessary to carry the light before the supreme court of the United States without cost or delay of a trial, it was announced tonight. to-night. Government' attorneys, taken unawares, una-wares, wore cut oiT from much of thc results of their long investigation into the meat packing Industry by the sudden move of thc packers. Instead of a premise, pre-mise, to he (supported by evidence carefully care-fully brought together, the light for a time at least must be conducted purely as an argument of law. Attack Validity f Law. The fluhtthUR becomes not a question of first Issue as to the guilt or Innocence Inno-cence of the packers, but a plain attack upon thc validity of thc Sherman net, according to attorneys for the packers. They explain their position brlelly In this wise: Thc supreme court, In thc tobacco and oil cases, converted tho Sherman, law into an illegal enactment, since thc court, by placing each Individual or corporation corpora-tion on si standard of its own, built upon its peculiar individual acts, took away from all individuals the possibility of knowing how their acts wore to be viewed by a Jury "In thc light or reason": rea-son": that this obscurity of definition oT what constituted crime was contrary to the eighth amendment of the federal constitution. In short the petition, the attorneys say, charges the supremo court interpreta.tlon with nullifying the Sherman law. in spile of the court's action , in ordering tho dissolution dis-solution of thc American Tobacco company com-pany and tho Standard Oil company. Only adverse decision to" the packers' contention by the United States" supreme court will glvo tho government attorneys an 'opportunity to uuo the material they liavc gathered for thc prosecution. Nine Packers in Custody. In the meantime, tho h'lal. hchcdulod for Monday of next week, undoubtedly will be postponed, pending tho decision of the higher courts on the question. Attorney John P. Miller, who as chief of counsel for thc packers, conducted the court move, characterized tho Sherman law as a "net large enough to catch all possible offenders, and loaves It to thc courts' to step In and say who rightfully can be detained and who set at large." Of the ten packers Indicted all but J. Ogdon Armour were temporarily In custody cus-tody while the babea corpus petition was being heard. The nine nre: Louis F. Swift, president Swift t Co. Edward F. Swift, vice president of Swift & Co. ... Charles H. Swift, director of Swift & Co. Edward Tllden, prosldent National Packing company. Arthur Mocker, general, manager Armour Ar-mour & Go. Edward Morris, president Morris : Co. Francis Fowler, director Swift & Ce. Thomas J. Connors, dlicctor Armour fc Co. Louis H. Hej man, manager Morris A Co. The petition or a writ of habeas' corpus cor-pus contained Utile material jjthcr than the argument used by tho packers before (Continued on Pasc Twoj) packers Quesnon lULEOFBSOW" Supreme Court Decision in Trysl Case Under Fire of Packers. (Continued from Page One.) y United States District Judge Carpenter when' they sought to have. Ihe indictment? quashed and later In the argument:; demurring de-murring from the court'.s decision in the indictment controversy. It goes Into more details in the allegation of Insuffclonoy of the statute to pet up a crime, and It lays more stress on what the attorneys for the packers characterise as the citizen's citi-zen's Inability to know vhothcr he Is a law breaker. H Is charged that the act attempts to establish as a crime octs not criminal but elvil in their nature. District Attorney Wilkerson. after a. conference with his aides iu the Beef trust caae. sent one of his aides lo Washington, Wash-ington, advising Attorney General Wlck-ersham Wlck-ersham of the move of the packers. Mr. Wilkerson denied that the trial would be delayed, saying ho expected to proceed Monday. ' |
