New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-22
PACKERS ARE IMMUNE.
BEEF TRUSTV VULNER4BLE.
Judge Humphrey Frees Capitalists
Who Gaze Garfield Facts.

Chlcago, March 21.-The meat packers who
were indicted by federal grand jury last sum-
mer ON charges Of conspiracy in restraint Of
interstate trade and commerce to-day were
held to be immune from criminal prosecution
"iluer the Indictment. Will, the individuals
are 10 60 free, the indictments found against the
corporations of which some of the Indicted
packers are members and others are ennIovas
are TO stand. This decision was handed down nv
Judge Otis J. Humphrey in the United States
DlsIrlct Court this afternoon. 1t is the first to
pe decided in line with the decision handed down
by the Supreme Court I'm the Tobacco and Paper
Trust cases last week
Inc individuals who go free under the de-
clslon are j. Ogden Armour Edward Norris
ChaIles W. Armour, Ira n. Morris. Louis F
swift Edward F. Swift Charles N Swift, Ed
ward Cudahy, Arthur Meeker T. J. Connors
r. a. Valentine. A. H. Veeder Arthur F. Evans
l. A Carton, Robert c. McManus and D E
Hartwen
1he corporations which must stand trial are
lhe Armour Packing Company, Armour & Co.
lhe Cudahy Packing Company the Fairbank
CdIhlng Company and Swift & Co
Judge Humphrey spoke for nearly an hour
OeIore indicating what the ultimate decision
"oulu De. He reviewed the case at length in all
IT'S bearings, cited all the essential facts which
mad been brought out and said
Under the law in this case the immunity pleas
~ Dg me GeIendants VIII be sustained as to
- 80 .tuIs luuals and denied to the corporations
14iu LHe jury VIII find In favor Of the government
so tar as the corporations are concerned and
are concerned
During the rendition Of the decision the court
was crowded by defendants and numerous spec
lators Edward Norris and Edward Swift were
In court, and both smiled happily when the de-
clsion was announced. J. Ogden Armour was
not present but several men in the employ OF
Armour Co. who were under Indictment were
there, and their JOY was great When the fudge
announced that the indictments would not lie
against them the defendants crowded together
and commenced to shake hands
Immediately following the dismissal Of the
jury. District Attorney Morrison raised the oues-
uon OF the date for the trial of the corporations
He asked that the case be set for triaI, and that
1t commence within two weeks
SIXTEEN HUNDRED WITNESSES.
This met with a storm Of protest from the
attorneys Of the packers, who insisted that they
would be unable to prepare for the case before
fall, pleading the number Of witnesses which il
! would be necessary to bring to Chicago the
| strain Of the present trial and various other
/ reasons. After some discussion Judge Humphrey
! directed that the lawyers agree among them
/ selves on date and inform him of their deci-
/ sion next week. 1t is expected that the total
number Of witnesses in this trial when it begins
! will be at least l 600
| The court proceedings for the day were be-
gun by the argument of John s. Miller who
| had waived portion OF his time in favor of At
! torney General Moody. Miller secuted the con-
tentions Of the Attorney General, saying that It
/ was evident to the most casual reader of the
| Interstate Commerce law that no distinction ex-
listed in that act between evidence given volun-
| tarily or evidence given under compulsion. He
/ declared that there could not be the slightest
/ doubt that the defendants in the present case
| were entitled to immunity. He said:
If the commission desires to investigate a rail
| road and sends letter to the president Of the
/ road and he comes in, the subpoena only was
/ necessary 10 summon witnesses who are not at
/ taches Of the common carrier"
! rs there any question that under those cir
! cumstances man gets immunity? asked Judge
/ Humphrey
Il think not" replied Miller. L believe that
! question was involved in the Santa Fe rebate
case, in which Paul Morton, then Secretary of
/ the Navy was involved"
When Miller finished Judge Humphrey began
/ speaking from the bench. Part Of the decision
/ follows.
The law under consideration for the construc-
! ton 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 to enable
! Congress to provide through the channel of off
! ciaIs charged with the execution Of the laws
/ remedial legislation
/ The act is a substitute for one OF the most
| cherished rights of the American citizen which
! is the right to remain silent when questioned
! about any subject, the answer 10 which might
! incriminate him. It is conceded that the privi-
! leRe amendment to the Constitution cannot he
| taken from the citizen without giving 10 him
! something equally valuable i'm return The pTlVl-
! lege of the amendment permits refusal to an
I syer question relating to the offence. Ihe
/ privilege must be claimed by the witness at Ihe
! time. The immunity flows 10 the witness Win
/ out any claim on his part
| Garfield came to the defendants and held up
/ beforo them the powers of his office. They did
! moi 90 to him and volunteer anything NOW
! since the defendants volunteered nothing, but
/ gave only what WAS demanded by am on'er VINO
! e., he rirbt TO make the demand. and gave i'm
/ good faith under sense of legal compulslon, /
| ann of the opinion that they were entitled 70 I'M