The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-24
MOODY EXPLAINS.
--
Attorney General Tells Story of
Beef Trust Prosecution
As Far as 1t Has Gone, to Lincoln
Club.
HE URGES PATIENCE.
Says Case Is Being Pushed as
Fast as Possible.
IE URGES PATIENCE.
Declares No UnnecessarySecrecy
Has Been Maintained.


against the combination of beef pack
ers. The attorney general said that his
conclusion to review the situation was
due to the mot unnatural misunder-
standing as to the attitude of the adj
ministration." He said also that it was
done with the approval of the presi-
dent"
Mr. Moody's address in part was as
follows:
There has been an occasional COM
plant that upon subjects in which the
public naturally takes a. keen interest.
have, as attorney general, withheld
facts which the people have a right to
know. Much of the work of the de-
partment of justice can only be done
efficiently when it is done quietly and
in secret. 1t is not easy to draw the
line between facts which ought to be
confded to the public and those which.
for the time being in the interest of
public justice, ought to be withheld
from 1t. / can only say that l have
tried to draw the line solely in the
public interest. and that 1 recognize
and in due season to know and Judge
of the conduct of their servants.
The Original Petition.
There has been so much not I'M
natural misunderstanding as to the at
titude of the administration toward the
suited in indictments against the beef
packers, that, with the approval of
the president, have concluded that a
brief review of all the proceedings
which have led up to the present situa-
ton may not improperly be under
taken. This can be done without i'm
pairing the just rights of those who
are under accusation, who must by
fundamental principles, be presumed
to be innocent of all misdoing, unless,
a hearing thew haxrp hadf1 adindood
guilty.
"In May, 1902, Attorney General
Knox filed a. bill in equity in the circuit
court of the United States at Chicago.
in which it was alleged that the de-
PENDANTS (seven corporations, one CO.
partnership and twenty-three indi-
viduals) had entered into a combina-
ton by which they conspired to sup
press competition in the purchase of
live stock and in the sale of fresh meat
throughout the country, and for the
obtaining of rebates from common
carriers on account of their shipments
of meat. e7szer se+r4 s"r
'HThe case was then placed in the inn
mediate charge of Mr.. Bethea, then dis
trict attorney for the Northern district
of Illinois. and Mr.. Day, the accom-
plished associate to the attorney gen.
eral, who has now, regret to say, re-
signed his position in the public service
I'm February, 1908. the demurrer of
the defendants to this bill was overruled
in an opinion by Judge Grosscup.
Injunction Issued.
I'm May, 1903, an injunction was is
sued against all the defendants, forbid
ding the continuance of the conspiracies
alleged in the bill. The defendants ap-
ed States and in January, 1895, with the
assistance of Mr.. Day, 1 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 af-
firmed in all substantial particulars.
For some time, under the direction
of the department, diligent inquiry
whether the defendants had been OBJ
serving the injunction had been in prog
ress. In the September preceding the
decision of the supreme court special
agent of the department of justice had
been dispatched to Chicago to confer
with the district attorney and certain
other persons. This inquiry, however,
had no important result. AS soon as
the decision of the supreme court was
rendered, District Attorney Bethea was
ordered to report at Washington for the
consideration of the complaints which
were before the department in the de-
bates in congress, in the newspapers of
the country. and in various private
communications received by the presi-
dent and the attorney general that the
Injunction had not been observed by the
Packers Protested Innocence.
Most abundant assurances, however
| had been received from counsel for de-
| PENDANTS that they had strictly OBJ
served the injunction; and the COM
| plants themselves contained little thai
was worthy of the name of legal evil
| dence.
Returning to Chicago, the district
attorney. on February 4, 1905, five days
after the rendition of the decision Of
the supreme court, having carefully
| considered the matters submitted to him
| by the department, reported that, a
that time. there was not sufficient evil
| dence to sustain either an indictment
| or proceeding for contempt, but thai
sufficient facts had been developed tt
warrant the summoning of the grs nc
| f1lry for investigation of the whole case
and asked authority to summon tina
! Jury. He was ordered to report at thu
department again for conference. anc
after a thorough consideration of tht
| whole situation the recommendation o.
| the district attorney was approved by
| the attorney general and the question
submitted to the president. He author
/ lied and directed the most searching
| inquiry into the conduct of the packers
Two Hundred Witnesses Subpoenaed
/ ION February Il. 1905, by telegraph
/ orders of the department, Subpoenas t.
nearly 200 witnesses were served 81
/ IQulIdn2OuS1H
| States marshals throughout the coun
try The strictest secrecy was enjoinet
upon these officials
sOn February "a, 1905, the attorne.
/ general sent a circular letter to eacl
| United States attorney directing him t
| gather such evidence on the subject a
| might be found in his district, and for
! ward any memorandum thereof to tn
| district attorney at Chicago.
| "On March 20, 1905, the grand jury as
/ S61T1hI2d (NhiCaC0 and the invQSfiQ9
| ton began. Supplementary investiga
| tions were undertaken by grand jurie
| in New York, Texas and Nebraska. A
| the time the investigation was begun
| was doubtful whether legal evidenc
/ would be delevoped sufficient to war
| rant indictments or proceedings for con
| tempt Of the injunction, but it was hop
ed that, if the investigation failed 0