Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1905-11-23
DIDNOT PROMISE
REPORT NOT USED BY GRAND JURY.
Rather Than PeBmit Defendants 70
Place Themselves in Position TO
Receive Immunity He Ceased
iu Investisating.


Washington, Nov. 17.A-Attorne
General Moody Thursday made a state
ment with reference to the pleas II
bar filed for the defendants in the in
dictment against the beef packer
pending in the district court at Chi
cago.
He said he believed that the publ
was entitled to some accurate infor
nation with regard to the facts AM
that 1t could be given without affect
ing the interests of the government
or infringing upon the just rights o
the accused. The statement contin
ues:
Ten separate pleas in bar hav'
been fled, each Of them alleging fact
which 1t is claimed ought to bar th'
government from proceeding furthel
In this case.
Eight Of these pleas are based upoI
the alleged conduct Of Mr.. Garfield
commissioner Of corporations, in max.
ing an Investigation of the affairs o.
the defendants in pursuance Of the au'
thority conferred upon him by law
and in special obedience to the reso-
lutions Of the house Of representatives
requiring him to make such investiga-
ton.
'Under the act creating the depart
ment OF commerce and labor the COM
missioner Of corporations has the right
to subpoena and compel the attendance
and testimony Of witnesses and the
production of documentary evidence,
and to administer oaths; but with re-
gard to all persons who are subpoened
to testify Or to produce documentary
evidence, 1t is provided that immunity
from prosecution\ shall be given TO
them If they obey the commissioners
subpoena, except that they shall be
liable for perjury for giving false tes-
timony. ,
ut is stated by the government
that Mr.. Garfield did make the investi-
cation required by the House OF Rep
resentatives and that he did receive
from certain Of the defendants oral
information and access to the books
Of the defendant corporations.
"Itis however, commended by the gov
ment that the information and access
to the books were given voluntarily by
the defendants.
1.-THE government denies in point OF
fact that. Mr.. Garfield did compel
the several defendants to attend and
testify and produce documents before
him, or that he did subpoena any Of
the defendants to appear before him
and testify or produce documentary
evidence; or that he waived the oath
which he was authorized to require Of
Of them; or that any evidence obtained
from the defendants was delivered to
or used by the department Of Justice
or the district attorney before the
grand jury which found. the indict-
ment.
1.-THE attorney general asserts in the
most positive terms that none Of the
obtained by Mr.. Garfield
was used before the grand jury and
further says that he Is informed BY
Mr.. Garfield. and believes that at
certain stages OF the investigation The
defendants declined to give informar
lion unless they were put in posi-
lion TO obtain the immunity provided
by the act of congress and requided by
The constitution Of the United States,
md then when such instances occurred
lcting after conference with the at
torney general, Mr.. Garfield RETAINED
rom pursuing the inquiry further and
made no further attempts to obtain
Information, documentary or other
Wise.
The seventh plea in bar urges, that
he government unlawfully seized GER
lain papers Of the defendants and
submitted them to the grand jury
contrary to the rights conferred upon
hem by the constitution. The gov.
lrnmsnt denies that it obtained any
papers otherwise than b. the orderly
process Of a subpoena directed to the
person who had the custody Of them.
''The eighth plea sets up as defense
he fact that the government hereto
iore proceeded against the defendants
,y a petition under the Sherman act
lnder which petition an injunction
against the continuance Of the com
llnation was issued about three years
lgo and was affirmed last winter by the
opinion Of the court, the
attorney general himself having per-
,onally argued the case for the gov
,rnment in that court; and claims
hat BY taking this action the gov
.rnment elected to pursue the civil
'smedies and Is disbarred from re-
Iortlng to a prosecution under the
criminal provision Of the antitrust
aw. R
"The government admits the facts
nut contends that they constitute no
,ar to a criminal prosecution
''The answer prepared BY the gov
lTnment win raise a MIXED issue Of law
md fact to be determined, not BY
he attorney general or the district at
orney but By the court In which the
proceedings are pending.
'sThe government win resist these
'lfas IN bar and urge . speedy trial