Omaha daily bee., 1905-07-23

charge Of Mr.. Bethea, then district attor-
ney for the northern district of Illinois, and
Mr.. Day, the accomplished assistant to the
attorney general, who has now, l regret
TO say, resigned his position in the public
service.
In February, 1908 the demurrer of the de-
PENDANTS to this bill was overruled in an
opinion by Judge Grosscup.
In May, 1903, an injunction was issued
against all the defendants forbidding tho
continuance of the conspiracies alleged in
the bill. The defendants appealed to the
supreme court of the United States and in
January, 1903, argued the case before that
court. In the same month the case was
decided in favor of the government by an
unanimous court and the decree of the cir
cult court was affirmed in all substantial
Investigation by Government.
For some time under the direction of the
department a diligent inquiry whether the
defendants had been observing the iniunc-
ton had been in progress. In the Septem-
court special agent of the Department Of
justice had been dispatched to Chicago to
confer with the district attorney and Ger
tam other persons. This inquiry. however,
had had no important results. As soon as
the decision of the supreme court was
rendered District Attorney Bethea was or
dered to report at Washington for the con-
sideration of the complaints which were be-
Tore the depar tment, in the debates In con-
gress, In the newspape OF the country and
in various private communications received
by the president and the attorney general
that the Injunction had not been observed
by the defendants Most abundant assur-
ances, however, had been received from
counsel for defendants that they had strictly
observed the in;unction and the complaints
themselves contained little that was worthy
of the name of legal evidence.
Decides on Grand Jury.
Returning to Chicago the district attor-
ney on February 4. 1905, FIVE days after the
rendition of the decision of the supreme
court, having carefully considered the ma
terials submitted'to him by the department.
reported that at that time there was not
sufncient competent evidence to sustain
contempt, but that sufficient facts had
been developed to warrant the sumnloning
OF OF % me grand Jury for investigation of the
Mhole case and asked authority TO summon
that jury. He was ordered to report at the
department again for a conference and
after a careful consideration of the rSst
Ter the recommendation of the district at
torney was approved and the question sub.
miitted Iiilsd TO the president He authorized and
1IIeGtea tha cue, the most searching inquiry into
the conduct OF the packers
On FEBRUARY y, 1905 by the telegraphic
orders OF the department subpoenas to
taneously by the different United States
marshals throughout the country THE
stnGtest secrecy was enjoined upon these
on February "A, 1905, the attorney general
sent circular letter to each United States
SSttoIhey directing him to gather such evil
dence ON the subject as might be found in
his district and forward any memona ndum
thefeot 10 the district attorney at Chicago.
On March 70, 1905, the grand jury assem-
lied at Chicago and the Investigation began.
supplementary investigations We're under
taken by grand juries in New York, Texas
and Nebraska.
Doubted Ability 20 Get Facts.
At the time the investigat tion was begun
II was doubtful whether legal evidence
would be developed sufficient TO warrant in
dictments or proceedings for contempt OF
the injunction. But IL was hoped that II
the Injunction failed OF result the country
would believe that II had been thorough
ana the current rumors or violation of the
Injunction were without foundation. Mr.
Pagin, a special employe OF the Depart
ment OF Justice, who had drawn many OF