Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-21
MOODY IS SARCASTIC
Attorney General Finishes Argument in the
Packers Case,
DEFENDANTS PLEAS ARE NOT VALID
Persons Entitled to Immunity Must Claim
il When Under Oath,
NO CONFUSION or ANY KIND USED
Facts and Figures Were Not Produced
Under Protest,
MANY LEGAL AUTHORITIES CITED
CONFUSION OF ANY KIND USED
MANY LEGAL AUTHORITIES CITED
when Attorney General Finishes
Mr.. miller Begins Hts Reply for
Packers aud WIN Finish
Today


CHICAGO. March so.--Attorney General
Moody spoke nearly all day in the hearing
Of the immunity pleas advanced by the
packers, concluding his argument just In
time to allow him to take train for wash
| ington.
Mr. Moody declared that the pleas Of the
packers were not well founded and that
they could not be entitled to immunity be-
cause they had given their evidence of their
own free will and had not been placed on
oath, nor subjected to compulsion OF any
kind. He at times grew very sarcastic in
his references to the statements OF the at
torneys for the defense. who had claimed
that their clients could not be punished be-
cause they had voluntarily given evidence
| to Commissioner Garfield.
Attorney Miller, for the defendants made
brief reply to the attorney general before
court adjourned for the day. He will con-
tinue his argument throughout the first
session Of the court tomorrow and perhaps
longer.
Moody Cites Authorities.
Attorney General Moody commenced by
citing a number of authorities in support of
the position maintained by the government
In the case.
"A person can be compelled to testify as
| witness before tribunal" he said, land
I'm order to be compelled he must be wit
ness before some tribunal under compul-
sion of the law. TO give discriminating
evidence against himself the compulslon
must be exercised over his claim of ex-
! emption. The substitute by which the
! constitutional privilege OF any man may
be supplantcd must be co-eKtensive with
the privilege which It supplants.''
The attorney general argued at consid-
| erable length on the contention that In
order TO obtain immunity witness must
claim 1t under oath and while on the wit
| ness stand. He declared that none of the
defendants in the present case had done
this and that therefore their claims for
immunity could not be seriously considered
by the court.
Concerning the compulsion said by the
packers to have been exercised by Com
missioner Garfield the attorney general
| said:
"There is no longer any eontention here
that there was any actual compulsion in
the acts of Mr. Garfield other than the
powers invested in him. The claims are
made that the information furnished to a
government officlal entitled TO have IL was
furnished under compulsion Of the law and
under the act Of 1903 entities the defend
ants to immunity. That and nothing else
is the issue in this case.
This question is strangely void Of au-
thority. My friends. the attorneys upon
the other side. have not cited one line OF
authority upon this question On the other
hand we have the Interpretation OF long
line of government officers and one case
which bears directly upon the point at
issue"
The attorney general declared that the
statements OF Attorney John s. Miller, who
represents Armour & Co. in the case, are
utterly at variance with the terms of the
immunity act. The attorney general said:
Attorney General Becomes Sarcastic.
"Mr Miller said in HIS argument that
II man had committed a crime in the
postal service and went voluntarily to the
: proper person and made confession he
would be entitled TO immunity II the law
gave immunity. Let us see where that
most extraordinary claim leads TO- II is n
great discovery Of my learned friend for
which uncounted generations OF captains
OF industry will thank him. Washington
will become the Altruria to which they
can report for the pardon of their offenses.
It will be much easier instead OF running
away from a subpoena to run towrads the
government agency and serve confession
upon the government agent Anybody in
| this land who is now seeking TO avoid tho
service of a subpoena will thank my learned
/ friends for giving him very much shorter
road TO travel. Washington, under such
circumstances would become great resort,
not only in winter but In summer. All the
people who are violating the laws OF the
land may 60 there at intervals and obtain
their immunity All they have 10 do Is 10
go there in obedience to the compulsion OF
the law. He can do It at intervals. Ths
law is license TO commit crime. Now I
can fancy these gentlemen gathering there.
can fancy Mr.. Swift and Mr.. Armour
and their meeting in Washington with some
other great magnate, who has been
there and has been washed in what I may
call 'millers bath l can imagine them
meeting and saying Good morning. Good
morning Mr.. Rockefeller have you had
your immunity bath this mornings? Look
! at the absurdlty OF the thing"
! The sarcasm of the attorney general
brought out much laughter, and the bailiffS
had some trouble in restoring quiet in the
court room.
Late in the afternoon Attorney General
Moody referred TO the letter written by
President Roosevelt 70 the attorney gem
eral, which was placed in the record of the
case by the attorneys for the packers. He
Z said: 1T has been said here that the presi-
: dent wrote a letter referring 10 this mat
/
o that these gentlemen should not give their
u best to their clients. but II they felt II
their duty to place that letter ia evidence,
when IL touches upon another subject
) against the man in the White House who
Is unable to come here to protect himself
q II they felt It their duty 10 make their at.
tack upon him, have little more 10 say"
'In justice 20 us" said Attorney Miller,
y, Il would like the attorney general to ex-
4 plain how, since the letter was made q
! public document by him. II could be an at,
= tack upon the president"
I, Il will allow my statement to stand un.
qualified" retOrted the attorney general
le Packers warned by GaraeIa.
l. Attorney General Moody then declared
le that It was only those who had committed
l. acts without the law and who feared th.
" law who sought 10 be protected b. t.
Does the learned attorney general Tor