The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-04-20

supposed that the immunity conferred
| rs existing laws was only upon persons
who beIng supenncd, had given estimony
OF produced evidence hs Witnesses relating
to my offensc, with which they were,
OF might be, charged. III
but Judge Humphreys decision is,iin
effect. that II either the commissioner
Of corporations does his duty, or the In
terstnte Commerce Commission does II,
by making thcJ Investigations w which
they arc required though they ISSUE no
subpoena and receive no testimony or
evidence, within the proper meaning OF
these words, the very fact OF the In
evcstigntion may, OF Itself, operate TO pre-.
vent the prosecution of any offender for
any offonse which may have been de-
stectcd by Investigations conducted by
the Department OF Justice entirely inde-
pendertly OF the lnbors Of the Interstate
Commerce Commission or Of the COM
missioner of corporations. the only COM
diton Of immunity being that the Of
fender should have given. or directed TO I
be given information which related TO the
subject out Of which the offense has
grown. s
"In oRenses of this kind II Is ut tho
best hard enough to execute Justice upon
offenders. Our system of criminal Jul
3risprlidence has descended to us from
n period when the danger was lest tho
accused should not have his rights ade-
quately preserved. and It Is admirably
framed to meet this danger.
ccdc as established In the law OF the
reverse; that Is. the danger nowadays
I'd not that innocent men will he con-
victed OF crime, but that the guilty man
will go scot free. This is especially tho 4
case where the crime Is one OF greed and
cunning perpctrated by n man Of wealth
In the course OF those business opera
lions where the code of conduct Is at
variance not merely with the cote OF
humanity and morality but with the
code established in the law OF the
land.
lit Is much easier but much less Of
fecuve, to proceed against corporation
than to proceed against the individuals
In that corporation who are themselves
responsible for the wrong-doing. Very
naturally outside persons who have no
Knowledge of the facts and no rcspon-.
s!billty for the success OF the proceed-
.ings, are apt to clanor for act Ion d sainst
the individuals.
1.-THE Department Of Justice has, most
wisely. invariably refused thus to pro-
coed against individuals unless II was
convinced both that they were In fact
guilty and that there was at least a n
reasonably chance Of establishing this "
fact OF their gut, These beef packing
cases offered one OF the very few ln-
stances where there was not only the
moral certainty that the u accused mon n
were guilty but what Secondhand row Il
seems sufficient legal evidence OF the
fact. tE$ ~
"But In obedience to the explicit order
OF the Congress the Commssioner$aof
Corporations had investigated the beef
packing business. The counsel for the
beef packers explicitly admitted that
there was no claim that any promise OF
immunity had been given by Mr.. Car
field, as shown by the following cooquy
during the argument OF the Attorney
General:
..N1r.a Moody: ~ dismiss almost
With a word the claim that MIR. Garfield ID.
promised immunity Whether there Is
any evidence of such a promise or not 81
do not know. aud do not care.
MIR. Miller Counsel for the beef packs
crs) There is no claim OF IT,
mfr. Moody: Then was mistaken,
and viii not even say that word
Put Judge Humphrey holds that II
the Commissioner OF Corporations land
therefore II the Interstate Commerce. gz
Commisslon) In tho course OF any inves-
tigatIons prescribed by Congress asks
any questions OF q person not called ms
IL witness or asks any question OF an
officer Of a corporation not called as a
with regard to the action OF the
OH subject out OF which
may subsequently arise. then
the fact OF such questions having been
asked operates as bar to the prosecu-
ton of that person or of that olhcer OF
the corporation for his own misdeeds,
Such Interpretation OF the law comes
near making the law farce;
and / therefore recommend that the y
Congress pass declnntory act stating
It's real Intention"
. +.