The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1906-04-06
PEOPLE WRONCED
BY PACKERS CASE
President Roosevelt Said to Be
Preparing a Message So
Declaring.
WILL EXPOSE EVIDENCE
Attorney General Moody to Tell What
Government knows-udse Hum
phrey to Come In for Sharp
Condemnation."

Chicago, April 5.-A Washington dis
patch to the Chicago Tribune says:
President Roosevelt and Attorney
General Moody will fire this week the
last guns in connection with the prose-
Uution Of the heef packers.
The president will send a message to
congress calling attention to the gross
wrong which has been perpetrated
upon the people by the escape of these
men from punishment and recommend
ing legislation to narrow the immunity
law to the limits of the constitutional
provision.
Attorney General Moody will issue a
statement giving all the facts in the
possession of the government, which he
believes would have resulted in a jury
convicting the packers had the cases
ever come to trial.
Will Be- Dynamic Documents.
h documents promise to be dyna-
mic in character. They will spare no
one-not even Judge Humphrey, who
rendered the decision by WHICH the
government was estopped from taking
this. important case to the supreme
cour of the United States.
1t Is proposed to show thai the adj
ministration entered upon the prosecu-
lkOA III 6OOua 4dllll, lIldlf ltl0 IdClS were
collected by the department of justice
even before the bureau Of corporations
of the department of m and la
Dor began the investigation ordered by
congress-, and that the latter did not
furnish any information upon which
proceedings We're instituted that the
packers lever attempted to meet
squarely and fairly the charges filed
against them, but took advantage of the
immunity provision of the interstate
commerce act n the law organizing
the bureau Of corporations; that, al
though Attorney General Moody ex-
planned to Judge Humphrey in the
course of his address hat it was the
duty of the court to certify the cases
to the supreme court, he failed to do so
n that in consequence the govern
ment has no means of appealing from
his decision.
No Appeal Possible.
1t is with keen regret that the presi-
dent and attorney general have come to
the conclusion there is no way Of get
ting the case before the supreme court.
This was the view taken Immediately
after the decision was rendered, but in
order that there might be no possible
question, Mr.. Moody and his assistants
made an elaborate investigation into
the laws governing appeals. The opin-
ion which they nave prepared is now
lying upon Mr.. Moody's desk.
It is found that there is no avenue
by which the government can invite
the supreme court to give consideration
to the cases.
The president has been informed of
the nature OF this opinion. The official
communication of it's character will be
made to him probably tomorrow and
he will then write his message to con-
eress.
Call a Spade a Spade.
The president has determined already
apon the contents of the message. 1t
Will be one of the most powerful he
has ever written. 1t will call a spade
= spade.
It will show that the policy of con-
Eress In ordering special Investigations
Ii handicapping the executive branch
Of the government in the criminal pros
ecution Of men who have. and who are.
violating the law.
It viii explain briefly the case of
the government against the beef pack
ers and will refer in terms OF sharp
criticism to the decision Of Judge
Humphrey. It will dwell especially
upon the existing immunity statute and
recommend that 1t be modified in order
that general immunity may not be Sc
cured by all officials of a corporation
ecaus one of them testified to facts
which shOw violation Of the law.