The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-22
PACKERS'IMMUNITYP LEAWINS
INDIVIDUALS GO FREE; CORPO-
RATIONS HELD FOR TRIAL.
Judge Humphreys Decides That Informs
ten Obtained by CommisSloner Garfield
Was Not Voluntarily Given, but Was
In Response TO Governments DEMAND

OAllDO ann ~ OAA0N AtANb SO - AAAS
ten Obtained by Commissioner GARFIELD
Was Not Voluntarily Given, but Was
in Response TO Governments Demand
CHICAGO, March 2l.-Judge Humphreys
Of the United States Federal Court decided
late this afternoon that the individual
packers indicted for alleged violation
Of the Sherman antitrust laws are entitled
to immunity from prosecution under the
provision Of the law creating the Depart
ment OF Commerce and Labor.
The opinion was handed Town at the
close Of the argument OF Attorney John
s. Miller for the packers, and the defendants,
who, since their indictment have been
under heavy bonds, we're ordered dis
charged,
The indicted corporations must stand
trial.
The final ruling of the court was in the
following words, instructing the jury:
"Under the laws in this case the immu-
nifty pleas filed by the defendants will be
sustained as to the individuals and denied
as to the corporations, the artificial persons;
and you will find in favor of the Govern
ment as far as the corporations are con-
cerned, and against the Government as
far as the individuals are concerned"
One OF the first points decided was that
under no consideration would 1t be held
that the defendants volunteered informa-
ton. The ruling of the Court was chat
all OF the testimony was compelled. Tit
Court also held that the crucial point in
the case was the conference at the Chicago
Club In April, 1904, when Commissioner
Garfield was introduced to the packers.
The decision in part Is as follows:
1.-The Commerce and Labor act provides
for immunity and refers in detail TO the
Cullom and other acts. There is no ade-
quate provision in tho Commerce n Labor
act itself, but other acts must be regarded
as part OF it.
The primary purpose OF the Commences
and Labor act is to acquire information
for remedial legislation. Congress wanted
to know how the existing la W were oper-
ating and what more were needed. The
purpose was that the creatures Of the law
should not grow beyond h law.
There are already abundant laws for
furnishing offenders. / am Of tho opinion
that under this act the Commissions has
thu power to force testimony. 1t is the
duty Of witnesses to speak before they areI
driven to the last ditch by oompulsion. "
Privilege of not answering questions
must be claimed at the time the questions
are put, but immunity from criminal prose-
cution flows from the law.
1T would be absurd and un-American to
favor those who resist the law In preference
to those who obey it. Therefore | am OF
the opinion that the defendants are en-
titled to immunity
Immediately after the decision was an
nounoed the question of when the oorpo-
rations should be tried was taken up. 1t
will probably not DO until September.
The individual defendants we're j. Ogden
Armour, Louis F. Swift, Edward Morris,
Charles w. Armour, Ira H. Morris, Edward
F. Swift, l.. A. Carton, D. Z. Hartwell, Ed
ward Cudahy, Arthur F. Evans, Robert G..
McNianus, A. q. Veeder, Patrick A.. Valen;
tine, T. j. Connors, Arthur Meeker and
Charles N. Swift.
The corporation defendants were the
Cudahy Packing Company, Fairbank Can
ming Company, Swift q Co. and j. G.
Humphre-.
Reviewing the salient features Of the case.
the Court went into a consideration OF some
OF the points involved.
The Government began its activities
directed toward a prosecution Of the pack
ers and packing corporations in the summer
Of 1904. Shortly after the Commissioner OF
Corporations had begun work on his investi-
cation at the instance Of Congress.
officers at Chioag &c n fifteen other cities
acting simultaneously served subppnas
upon some 275 witnesses, some railroad
men, some packing house clerks, some,
cattle men, some traffic a gers, and
some officials Of defunot packing com.
penies and prepared for the presentation OF
Q case before the Grand Jury.