Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-19
SPECIAL MESSAGE
ON BEEF PACKERS.
President Declares Result Of Re-
cent Trial in Chicago a Mis-
carriage Of Justice.
SEVERE ON JUDGE HUMP HREY.
Can Hardly Believe That His Ruling In
This Particular Case VIII bc Fol-
lowed by Other Judges.


Washington. April 1s.-In a special
,,ess,oo d,i,,.or,d 20 ,ho co,oross a.
uay' President hooseNelt declares 'tle
result OF the recent trial OF the beef
hackers" I'm Chicago was n "ynIscar-
riage of hstice'' ana that the inter-
probation placed by Judge Humphrey
on the WIN Of Congress, rs such as to
The message, which is of most
sensational character, is based large
~ on a ie.'er 10 me pIesiu ,hl
a,V1r n''S.-.ie,ii Mo4uy, ~ "n,cn we
ings of the case of the government
against the beef packers. The presi-
dent saws II Is clear that no criticism
attaches TO Commissioner Garfield. as
what he did was In pursuance of
duty imposed on him By Congress. He
refers sharply however. to the decision
OF Judge Humphrey, saying that Con-
gress could not have foreseen such a
decision and that he could hardly be-
lieVe that the rulings Of Judge Hulnph-
rey win be followed by other Judges.
He declared that such Interpretation
of the law as that placed on II by
Judge Humphrey comes measurably
near making the law Il farce" and ne
recommends that Congress pass a
declartory act stating It's real inten-
ton The president also requests Con-
sress 10 CONFER upon NC government
IN criminal cases. which the defendant
now enjoys, where the merits of the
cases have not been determined.
,t,,-,, an, ,,rss,r
VIZ h'-'7"E>''H'
The full text of the message fol-
Tons.
p"''
10 the senate ana House OF REPRE-
sehtatiNes
81 submit herewith u tatter nj the
attn,nev-gsner.L enclosing stste-
mont of no nroreedines nf tho Irnjtca
states against Tho indiyid,aIs and cor.
no,,tiors ro,rmonIv knovrn as tho
ipeoC parlssrs onJ comuonting ,non
rho aocision NJ pistrict indgn hin.
nhrev Tho ros,llt h.s Noon , ME
rarrioee ~ Justice I, cIearlv nnnears
frnm Tho Iette, NJ Tho attoynev- general
,hat mo- cri,ir,sn, ,vhate,,o, ,ti,cbee tn
S,on,n,ieeio,,er Caraold. ,vha, no all
,,as'tn strtet accord,,nce vvitb ,bc ,av,
ma In u,,s,,ance of = ann In,nnsed
nn him nv Congress- which could moi
be avoided and. Of course, Congress IN
nossihly have foreseen the dccision of
Judge Humphrey
NoNuhESS WILL ANNcLl>bD'
"Rut this interpretation nv Judge
Uumnhrev of tho viu or tho Congress
nc eynressed Ar, Iepisla tion 10 such ss, tn
make thai viii absolutelv abortive I'm.
fort,inateIv there il grave douht Nyheth-
ncaI from mis- derision OF the district
iud 70 1'be rase wei demonstrates the
desirabilitv Of comforting itnon the
government the same right of appeal
I'm criminal eases. ON ouestions of law
which the defendant now has I'm ali
cases where the defendant has not
leen mt I'm ieopardy by "A trial upon
merits Of the charge made against
him. The laws of many of the states.
and the law of the District of Columbia.
recently enacted by the Congress, give
the government the right of appeal
A general law of the character indicat-
ed should certainly be enacted.
Furthermore, il Is very desirable to
enact n law declaring the true con-
structlon of the existing legislation. so
far as il affects immunity.
pfiNlcN of hoLlNp'
"I can hardly believe that the ruling
of Judge Humphrey will be followed
nv other iudraa buf If # should he
foIlowed the result would be either
oomnIatelv to nullifv very much and
possiblv the major mart of the good
10 ne ohtained from The inter stat
commerce law. and from The law ere
oting the burean of corporations In the
denartment of commerce ana labor.
or else Frequently to obstruct IN anpeai
Ia the criminal laws nv the department
of Justice There seems ia ne ma GOOD
reason why the department of Justice.
the denartTnanf of commerce and labor
ana Tho interstate commerce commits
sion eooh sbould NOT for the common
qood nroceed within its own nowers
without undtIa Interference vim the
functions M ,ho other n Is az co,,rse
uecesearv under tho C,oustitutlnn and
The laws that persons who give tea
tinonv ar produce evidence as Wit
nesses should receive immunity from
rrosecutlon. II has hitherto been SIM
POSED that the immunity conferred nv
existing laws was only upon persons
tim limo or pTodnced evidence as vii
nesses. relating to any offense with
which thev were or might no chnraped
Rut Judge Humphreys decision is IN
effect that. il either the commissioners
~ corporations does, his duty or ina
irter-state commerce commission docs
If Inv making the investlgafIons vvhich
they by law are required IN make
though they issue no subnoenas and
gave no testimony or evidence within
the uroper meaning of those words
me very fact Of tho Investigation NOV
Of itself onerato IN nrevont tho nrnsn-
cuiIon Of any offender for onv nn'arso
which NAV have heen dev,iopni a.,
oven Inc most indirect ~, 1n,o,. G,,,.,,,,
Tho course Of tho investigatinn ~. ', ,,,S