under the "criminal section of the Sherman anti-trust law.
" In "March, 1911, the packers went before Judge Carpenter seek
ing "immunity baths." '
He refused them; and two months later overruled all the ob
jections of the packers to being tried.
In June, he set the trial for November 20.
The people breathed a sigh of relief. At last they were to see
justice meted out to the millionaires who fattened on illegal profits
pn the food of the people.
Then, two days ago, somebody left the1 door open, and Federal
Judge Christian G. Kohlsaat blew in.
What Judge Kohlsaat did to thef nine years labor recorde'd
'above- is a plenty.
The poor, mistreated packers withdrew their bail, thus -"putting
themselves in jail," and in the same breath wailingly appealed
to Kohlsaat for "release" on writs of habeas corpus.
Which same, Kohlsaat blithely granted them on, these grounds:
The criminal section of the Sherman law never has been tried 1
The supreme court of the United States hasn't monkeyed
with it t
It slands just as the people, in congress assembled, passed it
And therefore - t N
-" It may be the people were nutty when they passed it ; -
It may be the people djdn't know what they were doing i
It may be oh, awful thought! the people actually passed a
jw which contravenes a four-word clause ' in the constitution
adopted by their fathers for the preservation of the libererties of the
nation (i. e., in the United States supreme court "nation" is frans- '
lated "business interests")
So the packers will n5t go to trial Monday Instead the
'question of the legal and moral responsibility of congress when it
passed the Sherman law will once more be gone into with a wealth
of 'detail and a huge waste of. time by that imposing body, the su
preme court of the United States
And, perhaps, the packers will go to trial if they're still living
about ten-years from now. '
To the simple layman it might- seem that a better course for
Judge Kohlsaat to .have followed-would have been to let the packers
go to trial, and then, if they had any fault to find with the result,
tke an appeal.
If this course, had been followed there would have been some ,
-chance oi the Beef Trust's pleasant tactics in he way of keeping
up. prices, being rectified immediately. ' - '
-,.. f But at layman, oribinindeirstands "commonsenBe and" while law,
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