The San Francisco call., 1906-04-03

LAW To Be
ASKED FOR
President to Send
a Message to
Congress.
Miscarriage Of Justice
in Packers Cases
His Theme.
SPECIAL DISPATCH TO THE CALL.


CALL BUREAU, POST BUILDING,
WASHINGTON, April 2. President
Roosevelt is contemplating making an
appeal In the beef-trust cases TO Com
gress and 10 the court of public opin-
ion. He probably will send a message
to Congress very soon, dealing with the
whole question. 1t promises to be a
Sensational document.
In this message Mr.. Roosevelt will
discuss the question of immunity show
ing how individuals in the beef trust.
who were placed on trial, escaped
through a technicality of the law,
which, as interpreted by Judge Hum
phrey, enabled them to obtain full inn
munIty through having laid the facts
of their business before Commissioner
of Corporations Garfield. President
Roosevelt, it is understood, will recon-
mend that an amendment be made to
the law defining immunity. narrowing
its limits to the scope prescribed In
the constitution and limiting 1t to per-
sons who have given testimony in In
quiries out of which grow criminal pros
ecufsssaz, Il Is sxpected also that he
viii urge the, passage OF a law which
will enable the Department of Justice
TO take an appeal In criminal cases by
writ of error TO the higher courts to
have the law determined.
President Roosevelt will call atten-
tion to the fact that the investigation
conducted by Garfield was ordered by
resolution of Congress. and he will
point out the danger of giving immuni-
ty to persons through the inquiry or
dered by Congress when 1t passed the
Tilman Gillespie resolutions for prob
Ing the oil and hard coal trusts.
In order that there may be NO possi-
BILE question I'm the future, Congress- will
be urged TO modify the law SO as to
prevent other courts making the broad
Interpretation Judge Humphrey has
given IL.
What is wanted is legislation which
will limit specifically the privilege OF
immunity TO those who lay claim to 1t
under oath and In accordance with
recognized practice. Then, when the
claim was made, the Government would
have the right to say whether it would
permit testimony to be given under such
condition.
President Roosevelt and Attorney Cen
eral Moody are concerned not only about
the escape OF the beef packers, but as to
the effect of the Humphrey decision upon
Grand Jury investigation throughout the
country. The disposition of. these grand
1uries, especially those OF Federal char
acter, will be to follow the principle laid
down In the beef trust cases. Most Of
the States have immunity laws similar
TO those of the United States and the
State courts and State grand juries also
will be disposed to act as Judge Hum
phrey has indicated.
The President and Attorney General
have considered carefully the question
of the prosecution of the packers cases.
It is believed that the cases will be aban-
doned. There are five of these-the Ar
mour Packing Company, Armour & Co.,
the Cudahy Packing Company, the Fair
bank Canning Company and Swift &
Co. The maximum penalty which could
be imposed is 5000 on each of five counts.
It has been decided that the cost of
prosecuting thus far has been too heavy
to admit Of further proceedings when the
penalty is so small.