The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-03-22
Indictments, However, Against
the Corporations viii Stand
INDIVIDUALS ARE IMMUNE
Packers Smile Happily, Shake Hands
With Each other and the Jury
and There is General
Rejoicing.

Chicago, March 21.-All of the packers
who were Indicted by the federal grand
jury last summer upon charges OF being
In conspiracy in restraint OF trade and
commerce. were today granted immunity
from criminal prosecution under the in
dlctment
While the individuals are to &C free,
the indictments found against the cor
porations of which some Of the indicted
individuals are members and others are
employees, are to stand. A decision to the
above effect was handed down this after
noon by Judge ]. Otis Humphrey in the
United States district court The argu-
ments In the case were concluded short
ly after o'clock and Judge Humphrey
at once commenced the delivery of his
opinion. 1t was oral, and the judge spoke
for nearly an hour before giving the
slightest indication of what the ultimate
decision would be. He reviewed the case
at length in all it's bearings, cited all the
essential facts which had been brought,
and concluded follows:
Under the law In this case the Inn
munlty pleas filed by the defendants will
be sustained as to the individuals, and
denied as to the corporations, the arti-
fetal persons, and the jury will find in
favor of the government far as the
corporations are concerned. and against
the government as far as the individuals
are concerned"
During the rendition of the decision the
court room was crowded by the defend
ants and numerous spectators.
Packers Smile Happily.
Edward Morris and Edward Swift we're
in court and both smiled happily when
the decision was announced. ]. Ogden
Armour was not present but some OF the
men prominent in the employ Of Armour
& Co, who were under indictment wers
there, and their JOY was great. When
the judge announced that the indictment
would not lie against them, they crowded
together and commenced to shake hands
in mutual congratulation The attorneys
for the defendants were also highly
pleased and shook hands all around, and
then hastened to the jury box to shake
hands with the jurors who had been ex-
cluded from the court room during all
of the arguments made in the case. and
who had returned verdict in accord-
! anee with the directions of the court.
District Attorney Morrison has handled
the case alone with the exception Of the
argument by Attorney General Moody sat
with bowed head for a short time after
Judge Humphrey had concluded, and then
walked over To the jury box and also
shook hands with the Jurors,
Arouses Storm of Protests.
Immediately following the dismissal OF
the jury, District Attorney Morrison
raised the question of the date for the
trial of the corporations. He asked that
the cases be set for trial and that II
commence within two weeks. This met
with a storm of protest from the at
torneys for the packers who insisted that
they would be unable to prepare Tor the
case before the fall of the year, pleading
the number of witnesses which II would
be necessary to bring to Chicago the
strain of the present trial and various
other reasons. After some discussion
Jrdge Humphrey directed that the law
yers agree among themselves upon II
date and notify him of their decision
| next week. II is expected that the total
number of witnesses In this trial when IL
begins will number at least 1900. The
attorneys for the packers declared today
when asking for q postponement OF the
trial that their witnesses would num-
her 1900 and the government has already
said 1t would have 100 or more.
| The court proceedings IbI lHe ud9 Ntfo
commenced by the argument of Attorney
John S. Miller. who had waived portion
of his time In favor of Attorney General
Moody. He secuted the contentious of the
attorney general saying that II was evi-
dent to the most casual reader OF the
interstate commerce law that no distinc-
tIon existed In that act between evidence
given voluntarily. or evidence given under
| commission. He declared that there could
not be the slightest doubt but that the
defendants In the present case were en-
titled to immunity. He said;
"If the commission desires to investi-
gate A railroad and sends a letter to the
President of the road and he comes In,
| the subpoena was only necessary to sum-
mo- witnesses who are not attaches of the
common carrier"
as there any question that under those
circumstances a man gets immunity"
asked Judge Humphrey.
Il think not" replied Attorney Miller.
IT believe that question was involved
in the Santa Fe rebate case In which
Paul Norton secretary of the navy, was
involved"
Attorney Miller concluded his argument
shortly after 8 o'clock, and Judge Hum
! phrey at once commenced speaking from
the bench announcing mis- decision. Part
! o. the decision was follows:
Judge Humphreys Decision.
1 THE defendants are INDICTED unuef the
Sherman act. charged with conspiracy
In restraint of trade. They have pleaded
that as to them. that act should be sus-
pended because they We're compelled to
furnish evidence concerning the matter in
the Indictment. and under law such fur
nishing OF evidence gives them immunity.
The law under consideration for the con-
struction of which the court Is called
upon to decide IS the commerce and labor
act. 1t is clear that the primary purpose
OF this act was 10 enable Congress to
provide. through the channel of officials
charged with the execution of the laws.
remedial legislation.
'The act is a substitute for one OF
the most cherished rights OF the Ameri-
can citizens. which is the right to remain
silent when questioned about any subject.