The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1906-12-10
HUMPHREY UNDER
LASH OF MOODY
'1MMUNlTY BATH" FOR PACKERS
HARsHLY CRITICISED BY
ATTORNEY GENERAL.
SEESJAIL FOR REBATERS
Under Strict Enforcement OF the E.
kns Measure--Seeks New Law
Granting Government the
Right Of Appeal.

! Washington, Dec 9.-An arraign
ment of the immunity bah" decision
of Judge Humphrey in the packers
| trial at Chicago is the chief feature
of Attorney General Moody's annual
report to congress. .ust mad public
The criticism is tdiniy veiled in
recommendation for law by con
gress granting the federal govern
ment the right of appeal in criminal
cases. 1t says:
! Il renew the recommendation made
in my last annual report for the en-
actment of a law giving to the United
States he right of appeal upon ques
tions Of law In Grim nal cases, with
the proviso that verdict Of acquittal
upon the merits shall not be set
aside. The congress has pafsed
such law for the District of Colum
states. Within the year there have
been several instances showing the
great public necessity for the enact
ment of such a law. The indictment
again the beef packers, returned
by the grand jury after many months
of deliberation as the result Of in
yestiga ions which had been made
Throughout the country by the de-
partment of justice. was rendered !
practically useless by the railing of
h,. pnI Iot To hn (
of the case. the cosrec ness of which |
the department would have been
very glad TO have placed under the |
review Of the appellate court.
Calls II "monstrous."
The act approved June /, 1898, |
which provides for the amicable set |
tement of controversies between |
carriers and he3r employees, in the1
tenth section, made il penal offense
for carrier to discriminate against
any OF its employees on account of his
membership in Il labor organization
or TO attempt to prevent him from
obtaining employment after his dis
charge.
"A demurrer TO an Indictment I'M |
der this section has been sustained |
ground that the section is unconst. |
tutional. Even a United States com
missioner has made the same deci |
sion. II is mon ErOus that q law |
which has received the assent of the |
senate. the house OF representatives
ana the president can be nullited by
the opinion of a single man, not sub
ice to review by the court of ap-
peals and the supreme court
"A bin providing Tor an appeal has
passed the house of representative
and has been favorably reported in
the senate If il speedily becomes a
law. many lamentabe mircarriages
of justice NAV be prevo1ted. Not
only the public interests will be pro
NOTED but even the inteJes of the
defendants themselves. II IS the FIRE
aueut il not th, usJai prae of
Judges sitting NJ n;si prius. tO rule
doubtful questions Of law IN favor oi
'ho government. for he very rea Jn
that the defendant mas the right Il
appeal while the government has
not although thcrc would he no ne
ccssity fcr this commendablc practice
If each party had the light OF ap
peal"
Talks ~ ReNate Trials.
Thu repor dcyotes con idc able
to the operations cf the in
terstatc commerce act since 1887.
and asserts that the fcults of pros.
ecut 'ons were gen -ally uusat,siac
tory until the Elkins law wa passed
In 1903
Referring TO the futlity of prose
cutting rebate violaiors unde. the law
" 1857 the report says: pa ing the
1car'~ tw.-y years which have
rlrps"I incc The passlr" of thir a~i
.trre bTve bco1 many attempts by
rdic.--c1i 80 enforce o. 10 al les
5m ctr throlgi the insult ioacy |
u tho Jaw or Tor -ihc- rr1sns ilcv /
ia-e ia beon r0us 5.cuu1sly -reccss
ri 4 CAREFUL exam aatinn disci1fes
at trcao were iu iao7r wear s.v.
f~ gb-e umcri failed i1 sittstHo
ird slrrrada1 iu sFrlf .rn ~ .eI.
care. o. in1-'a.H sent W"r" o
.utni a-I The total fines am uniol .
% s1r3-f % g. s1Te tD say tIet
hcss penalties dit i51cI ever m7nv
,rars wo-r. deterrent from TIE
,o-rT-issc- ri prohibited oncrsc. a
lerligibie factor.
But in 1903 IRE SD cail-d Elti-s
aW urs ps-saf This law verv Uuci ?
t-ergt5 rel ffs bands uf th" rl~
.rumcni i1 delIia- wnh ds~riu "a.
gry practices o. "a lrusds. D. made -,
I unlawful 70 any pe- pn -1 rise or J
creiye any rebate ur dis rimirsiio1 /,
fCcncluded Cd Third Page-j