Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-07-22
TALKED At AN OUTING
Attorney General Moody's
Address at Nahant, Mass,
BEFORE LINCOLN CLUB
GIVE RESUME OF THE ACTION
AGAINST THE PACKERS.
Terse Exposition Of the Governments
Position and the Grounds Which
Justified It's Proceedings.
BEFORE LINCOLN CLUB

eral w H. Moody in an address before the
Lincoln Club Of Boston, at It's midsummer
outing here today. gave a resume of the
governments proceedings against the COM
bnation of beef packers. The Attorney
General said that his conclusion to review
the situation due to the mot unnat-
ural misunderstanding as to the attitude of
the administration. He said also that 1t
was done with the approval of the Pres
ident"
Mr.. Moodys address, in part was as fol-
lows:
There has been an occasional complaint
that upon subjects in which the public nat
urally takes a keen interest have, as At
torney General. withheld facts which the
people have a right to know. Much of the
work OF the Department of Justice can
only be done efficiently when it Is done
quietly and III secret.
1t is not easy to draw the line between
facts which ought to be confided to the
public and those which. for the time being.
in the interest of justice, ought to be with
held from it. 1 only say that 1 have
tried to draw the line solely in the public
interest. and that l recognize fully the
right of the people ultimately and in due
season to know and Judge of the@conduct
of their servants. There has been so much
unnatural misunderstanding to the at
titude of the administration toward the
proceedings at Chicago which have result
ed in indictments against the beef packers
that, with the approval of the President,
have concluded that brief review OF all
the proceedings which have led up to the
present situation may not improperly be
undertaken.
just rights of those who are under accusa-
ton, who must by fundamental principles
be presumed to be innocent of all misdo-
ings, unless, after hearing, they have been
adjudged guilty.
Beginning Of Case.
In May, 1902 Attorney General Knox
filed a bill in equity In the circuit court Of
the United States at Chicago in which 1t
was alleged that the defendants (seven
corporations. one cOpartnership and TWEEN
ty-three individually had entered into a
combination by which they conspired to
suppress competition In the purchase Of
live stock and in the sale of fresh meat
throughout the country and for the OBJ
tanning of rebates from common carriers
on account Of their shipments Of meat.
The case was placed In the immediate
charge of Mr.. Bethea, then district attor-
ney for the northern district OF Illinois.
and Mr.. Day. the accomplished assistant
of the Attorney General. who has now. I
regret to say. resigned his position in pub
lie service.
In February. 1903. the demurrer OF the
defendants to this bill was overruled in an
opinion by Judge Grosscup.
In May, 1903, an injunction was issued
against all the defendants forbiddfng the
continuance of the conspiracies alleged in
the bill. The defendants appealed to the
Supreme Court Of the United States and in
January. 1905, with the assistance of Mr..
Day, I argued the case before that court.
In the same month the case was decided in
favor of the government by unanimous
court and the decree of the circuit court
was affirmed In all substantial particulars.
Diligent Inquiry Followed.
For some time under the direction Of the
department. a diligent inquiry whether the
defendants had been observing the injunc-
ton had been in progress. In The Septem-
Der preceding the decision of the Supreme
Court a special agent of the Department: of
Justice had been dispatched to Chicago 70
confer with the district attorney and GER
tain other persons. This inquiry, however.
had had no important result. AS soon as
the decision of the Supreme Court was rem
dered District Attorney Bethea was ordered
to report at Washington for the considera-
ton of the complaints which were before
the department, in the debates in Congress,
in the newspapers 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 injunction. and the complaints
themselves contained little that was worthy
of the name of legal evidence
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
sufficient competent evidence to sustain
either an indictment or proceeding for con-
tempt, but that sufficient facts had been
developed to warrant the summoninG of the
grand jury for investigation of the whole
case, and asked authority to summon that
jury. He was ordered to report at the de-
partment again for conference. and. after a
thorough consideration OF the whole situa-
ton the recommendation of the district at
torney was approved by the Attorney Gen
eral and the question submitted to the Pres
ident. He authorized and directed the most
searching inquiry into the conduct of the
packers.
200 Witnesses Supoenaed.
On February 81. 1905. by telegraphic Or
ders of the department. subpoenas to near
ly 200 witnesses were served Simultaneous
ly by the different United States marshals
throughout the country. The strictest Sc
crecy was enjoined upon these officials
On February "a. 1905. the Attorney Cen
eral sent circular letter to each United
States attorney. directing him to gather
such evidence on the subject as might be
found In his district. and forward any mem
orandum thereof to the district attorney at
Chicago
On March 90 1905. the grand jury as
sembled at Chicago and the investigation
began. Supplementary investigations were
undertaken by grand jurfes in New York,
Texas and Nebraska At the time the in
vestigation was begun 1t was doubtful
whether legal evidence would be developed
sufficient to warrant indictments or pro-
ceedings for contempt of the injunction But
II was hoped that IL the Investigation failed
of result the country would believe that
1t had been thorough. and that the current
rumors of violation of the injunction were
without foundation. Mr.. Pa2in a special
employee of the Department of Justice. who
had drawn many of the important indict-
ments throughout the country. and who Is
a recognized expert in that branch of law
was directed to report at Chicago to assist
the district attorney in this investigation,
and he has been engaged in the perform
ance OF this duty up to the time of the
finding OF the indictments
Fled to Canada.
After the Investigation had been bepun