The Montgomery advertiser., 1906-03-22
THE PACKERS
 ARE IMMUNE Judge Humphrey Decides in Their Favor. CORPORATIONS TO BE TRIED As Individuals, Defendants Cannot
 Be Punished, Morrison Says He wm investigate Rights Of the Government AS to
 An Appeal From The
 Courts Decision.

Chicago, March 21.--All of the pack CTS who were indicted by the federal grand jury last summer upon charges of being in conspiracy in restraint of trade and commerce were today grant ed immunity from criminal prosecution under the indictment. While the pack CTS are to go free. the indictments against the corporations 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 afternoon by Judge J. Otis Humphrey. In the United States district court. The arguments in the case were concluded shortly after o'clock and Judge Humphrey at once commenced the delivery of his opinion. It was oral and the judge spoke 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 as follows:
 Under the law in this case the im- munity pleas filed by the defendants will be sustained as to the individuals and denied as to the corporations, the artificial persons, and the jury will find in favor of the government as far as GOEpOIdllOuS bfG COElCCTnSus anu against the government as far as the individuals are concerned"
 During the rendition of tho case the court was crowded by the defendants and numerous spectators.
 Packers Are Pleased.
 Edward Morris and Edward Swift were in court and both smiled happily when the decision was announced. J.. ogden Armour was not present but some of the men prominent in the em- ploy of Armour and Company. who were under indictment. were 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 congratula- ton. The attorneys for the dAfendants 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 excluded from the court during all of the arguments made and wno had returned a verdict in accordance with the direction of the court.
 District Attorney Morrison, who has handled the case alone with the excep- ton of the argument by. Attorney Gem eraI Moody, sat with bowed head for D short time after Judge Humphrey mad concluded and then walked over to the jury boa and also shook hands with the jurors.
 Immediately following tho 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 it commence within two weeks This met with a storm of protest from the attorneys for the packers. who insisted that they would be unable to prepare for the case before the fall of the year. pleading the number of witnesses which 1t would be necessary to bring to Chicago, the strain of the present trial and various other reasons.
 After some discussion. Judge Hum phrey directed that the lawyers agree among themselves upon 8 date and no. tify him of their decision next week
 1900 Witnesses to Testify.
 It is expected that the total number of witnesses in this trial when it be- gins. will number at least 1900. The attorneys for the packers declared to- day when asking for a postponement of the trial that their witnesses would number 1.5O0 and the government has already said that it would have 100 or more.
 The court proceedings for the day
 
 Attorney John s. Miller, who had waived a portion of his time in favor of Attorney-General Moody. He secuted the contentious of the Attor- ney-General, saying that 1t was evident to the most casual reader of the Inter- state Commerce Law that no distinction existed in that act between evidence given voluntarily or evidence given under compulsion. He declared that ha 70 eIY Yerh but that the defendants in the present case were entitled to immunity. He said:
 If the commission desires to inves- tigate a railroad and sends a letter to the President of the road and he comes in, the subpeons was only neces- sary to summon witnesses who are not attaches of the common carrier"
 'Is there any question that under those circumstances a man gets im- munity?' asked Judge Humphrey.
 T think not" replied Attorney Mill Ter. q believe that question was in- volved in the Santa Fe rebate case in which Paul Morton. former Secretary of the Navy. was involved"
 Attorney Miller concluded his argu- ment shortly after 3 o'clock and Judge Humphrey at once commenced speak ing from the bench, announcing his
 
 follows:
 The defendants are indicted under the Sherman act, charged with 8 con spiracy in restraint of trade. They have pleaded that as to them, that act should be suspended because they were compelled to furnish evidence con- corning the matter in the indictment and under the law such furnishing of evidence gives them immunity.
 Commerce and Labor Act.
 The law under consideration for the construction of which the court is call ed upon to decide, Is the commerce and labor act IL is clear that the pri- mary purpose of this act was to enable Congress to provide. through the chan mel of oflcials charged with the execu- tion of the laws, remedial Legislation.
 The act is a substitute for one of the most cherished rights of the Ameri- can citizen. which is the right to re- main silent when questioned about any subject, tho answer to which might in . crininate him. IL Is conceded that the privilege amendment to the constitu- tion cannot be taken from the citizen L. rf.-fr "a T4 ,E. .sa