Los Angeles herald., 1906-03-22
PACKERS REJOICE
OVER DECISION
JUDGE ]. O. HUMPHREY GRANTS
THEM IMMUNITY
Corporations Must Stand Trial, but
Individual Members Go Free-Ver-
dict Creates Sensation
In Court Room
BY Associated Press.

by Associated Press.
CHICAGO, March 21.-All the packers
who were indicted by the federal grand
jury last summer upon charges Of be-
Ing in conspiracy in restraint of trade
and commerce, were today granted i'm
munity from criminal prosecution under
the indictment. While the individuals
are to go free, the indictments found
against the corporations, of which some
of the indicted individuals are mem
bers and others are employees, are to
stand.
The 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 3
o'clock and Judge Humphrey at once
commenced the delivery of his opinion.
1t was oral and the judge spoke for
nearly an hour before giving the
slightest indication of what the ulti-
mate decision would be. He reviewed
the case at length in all it's bearings,
cited all the essential facts which had
been brought out, and concluded as fol-
lows:
Conclusions Reached
Under the law in this case the i'm
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
the corporations are concerned and
against the government as far as the
individuals are concerned"
During the rendition of the decision
the court was crowded by the defen-
dants and numerous spectators. Ed
ward Morris and Edward Swift were
in court and both smiled happily when
the decision was announced. j. Odgen
Armour was not present, but some of
the men prominent in the employ of
Armour &, Co. who were among the in
dicted were there and their joy was
great.
When the judge announced that the
indictments would not lie against them
they crowded together and commenced
to shake hands in mutual congratula-
ton, The attorneys for the defen-
dants were also highly pleased and
when the decision had been announced
they shook hands all around and then
fastened to the jury box to shake
hands with the jurors, who had been
excluded from the court room during
all of the arguments made In the case
and who returned a verdict In accord
ance with the directions of the court.
District Attorney Morrison, who was
ment, with the exception of the argu-
ments by Attorney General Moody, sat
with bowed head for a short time after
Judge Humphrey had concluded and
then walked over to the jury box and
also shook hands with the jurors.
Corporation Case Set for Trial
Immediately following the dismissal
of the jury District Attorney Morrison
raised the question of the date of the
trial of the corporations. He asked
that the case be set for trial and COM
mence within two weeks This met
with storm Of protest from the at
torneys for the packers, who insisted
that they would be unable to prepare for
the case before the fall of the year,
plead that the number of witnesses it
would be necessary to bring to Chi
cago, the strain of the present trial
and various other reasons.
After some discussion Judge Humph-
rey directed that the lawyers agree
among themselves upon a date and
notify him of their decision next week.
1t is expected that the total number of
witnesses in this trial when 1t begins
will number at least 1900. The attorney
for the packers declared today when
asking for a postponement of the trial,
that their witnesses would number 1900
ana the government Has Sdlo
that it would have 100 or more.
The court proceedings for the day
were commenced by the argument of
Attorney John S. Miller, who had
waived a portion of his time in favor
of Attorney General Moody. He scout
ed the contentious of the attorney gen.
eral, saying that it was evident to the
most casual reader of interstate COM
merce law that no distinction existed
in that act between evidence given vol
UNFAIRLY and evidence given under COM
pulsion. He declared that there could
not be the slightest doubt that the de-
PENDANTS in the present case were en-
titled to immunity.
Attorney Miller concluded his argu-
ment shortly after o'clock and Judge
Humphrey at once commenced speak
ing from the bench, announcing his
decision. Part of the decision was as
follows:
Indicted Under Sherman Act
"The defendants are indicted under
the Sherman act charged with con-
spiracy in restraint of trade. They have
pleaded that as to them the act should
be suspended because they were COM
peifed to furnish evidence concerning
the matter in the indictment and under
the law such furnishing of evidence
gives them immunity. Inc law uHuer
consideration, for the construction of
which the court Is called upon to de-
eide, is the commerce and labor act.
1t is clear that the primary purpose of
this act was to enable congress TO
provide the channel of officials charged
with the execution of the laws, remedial
legislation.
1.-THE act is a substitute for one Of
the most cherished rights of the Amer
lean citizen, which is the right to re-
main silent when questioned about any
subject the answer to which might in
criminate him. 1t is conceded that the
provision of the constitution could not
be taken from the citizen without Civ
ing him something equally valuable IN
return.
1.-The privilege of the amendment per-
mits a refusal to answer question re-
lating to the offense. The privilege
must be granted to the witness at the
time. The immunity flows to the wit
ness without any claim on his part.
Government Made Approaches
ut is contended that the defendants
in this case were volunteers because
they haggled with Garfield at times,
debated, resisted, gave less than he
o.Ira5 Qua xaytfbhaId Soma thipoc The