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Show PAW DESIRE TO REOPEN CASE CHICAGO, May 17. On tht ground that ths federal supreme court's Standard Stand-ard Oil decision overrules United Bute. District Judge Carpenter 'a decision of May 11 is the beef packers' case, here, attorneys for the packers have nled a motion for permission to appear and reargue the demurrers which Judge Carpenter overruled. The whole matter is again hong on th question of what is "reasonable" moat be read into th. Sherman antitrust anti-trust law, which gar. the beef attorneys attor-neys their Mens, for request to reopen re-open th. demurrer argument. Th. attorney, included that argument argu-ment when they presented their demurrers, de-murrers, in what they claim ia almost th. identical language of th. supreme court'. Standard Oil decision, bat th. eonrt held against this reasoning! They now appear to atk th. eonrt t. admit that it erred la th. light ot such application appli-cation to th. ease aa tb. oil decision may hava. Ths motion tv. little indication of the beat, of th. new move, stating merely that th. decision of Judas Carpenter on the demurrer ia "inconsistent "incon-sistent with, and has been overruled over-ruled by the decision of tha supreme court rendered May IS ia the Standard Oil company vs. th. United Statea. " It wag learned on positive authority however, that th. word " reasonable, ' ' or, to b. more exact, th. ' auprem. court's phrase, "ia th. light of rrn-aoa,"' rrn-aoa,"' would bear tha burden of th. srgueient for rehearing. This ia th. situation, as kerned. On th. argument before Judge Carpenter Car-penter counsel for th. packers contended con-tended that the restraint of trad, called criminal 'in the Sherman act means " anreasonabls " reatraiat of interstate trad, and that th. word ' unreasonable unreason-able ' must be read into th. statute, otherwise th. act would be confiscatory. Based on that aonteation, th. packers' pack-ers' counsel argued further that a law which makes it a crime to enter int. n contract ia "unreasonable" restraint re-straint of trad, ia void for uncertainty; that it vinlatee the fifth and aixth amsndments to tha federal cosstitotioa. Tbr said that tha law which creates a erims must ba ao explicit that all mea sub.tect to its penalties may know what acts it ia their dutv to avoid; that ao one an know ia advaaca what ia ar ia aot ' unreasonable" restraint of trada, and that therefore tha penalty I ro vision of the bhsrman an ti trust act void for uncertainty. Judgs Carpenter hfld that tha ra-preme ra-preme eourt -faad heretofore decided that every contract la restraint of interstate inter-state trade was criminal, and that therefore ths doctrine of counsel for the packers cob Id aot be sustained. Three dav after his decision came tha Standard Oil decision and the peckers will eoatend, before Jo dee Carpenter, that it specifiraJlv rules that the restraint must be unreasonable be fore a crime eriwts. |