The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-30
GARFIELD
PROMISED
IMMUNITY


Louis c. Krauthon. formerly general
counsel for Armour & Co, was the only
witness examined. lie described I'm detail
his interview with Commissioner OF Cor
porations Garfield. which prepared the
way for the commissioners investigation
OF the packing industry and during which,
the packers allege, ne promised immunity
20 them provided they would allow him TO
have access 10 their books.
He declared that Commissioner Gar
field told him that the Information would
not be used In any criminal prosecution
and that his department had no conpec-
tlon whatever with the department Of
justice. Acting on these statements from
the commissioner, Mr.. Krauthoff declared
that he advised his clients, as well as
Nelson Morris & Co and Swift q Co,
To accede 10 the demands Of the commits
sioner and give him such information as
he desired
In the afternoon the cross-examination
Of Mr.. Krauthoff by District Attorney
Morrison began. This was not completed
when court adjourned.
The first effort of District Attorney Nor
rison IN the cross examination or the Wilt
ness was TO establish the fact that At
torney krauthon at the time he met Mr
Garfield was a representative OF the Ma
tional Packing company as well as repre-
Krauthoff admitted that he had written
the charter OF the National Packing SOM
pany, but said that he had not been !is
attorney for over a year.
District Attorney Morrison then asked
the witness las a lawyer you knew IT
Mr.. Garfield issued a subpoena upon
witness and the witness refused 20 an
swer II he was not bound 10 attend and
he would not be compelled to be pres
ent didn't your
II knew that the whole power OF the
United States was vested in him to com
pei. and his demand was backed up by
the whole government.
A LONG WRANGLE.
At this point a long wrangle followed,
District Attorney Morrison declaring that
the witness was arguing In his answers.
The court, however, ruled that the wit
ness could explain his answers IL he
wished and that he could not be hmlted
10 the verbiage OF a question.
Louis G. Krauthon of New York, for
merly general counsel for Armour & Co,
was first called 10 narrate his inter-
view With Commissioner OF Corporations
Garfield at the Chicago club April 18.
1895. when the packers allege Mr.. Gar
field said certain things the import OF
which was that II he received the in
formation for which he asked the pack
ers should never be prosecuted crininally.
Mr. Krauthoff was asked by John ;.
Miller attorney for Armour q Co, II he
had advised his clients with respect TO
their attitude during the investigation
called for by the Martin resolution and
under which the commissioner OF cor
porations began his inquiry into the pack
ing industry.
District Attorney Morrison objected TO
the question and was sustained by Judge
Humphrey.
Mr.. Miller then asked the witness If he
had advised his client under the resolu-
tlon.
The district attorney again objected, de-
claring all that could 0e inquired into
was what transpired between the packers
and the officers or me government.
Judge Humphrey admitted the question,
declaring that II II was true that the
packers divulged evidence against them
selves under pressure from the govern
ment, il would be competent TO show the
nature of the legal advice under which
the defendants were acting.
Attorney Miller then asked: Did you
advise your clients as to the powers of
the commissioner and advise them TO
comply with his requirements in case he
should call for testimony
THAT was the point upon which | ad-
vised them"
The witness then described his meeting
r.
INTERVIEW WITH GARFIELD.
Mr.. Garfield stated in a formal way,
apparently careful OF his language, sub
stantially this:
THAT the Martin resolution passed by
congress imposed upon him the duty of
investigating the packing industry; that
In order TO do this he must have access
10 the books OF the packers. He said
he was particularly anxious that the IN
vestigation should be fair and thorough,
so that the usefulness of his department
wu11f4- br- shown -He-Fesllsed- -tAa- -disin=
cllnation OF business men to disclose Sc
cret matters Of business. but he had map
ped out n plan. He said. or course,
know the powers OF the law.
NV first remark was that had occa-
sion to look into the law. lie then said
he wished to make success and not re-
sort TO detective methods. He said that he
smoke for the president and that. Of
course he would have the protection nee
essary under the law creating his depart
ment.
81 told him that my clients were i'm
very delicate position, and that If the law
was valid, there was no doubt he could
compel the information. | told him that II
the results OF this submission 20 his re-
quirements were to be further newspaper
notorety and litigation I would, Of course.
contest the law lie said that the letter
OF the law protected my clients. and II
conceded the law was valid the matter
was divided into three classes-that to
which the government was entitled, that
which was doubtful and that TO which the
government was not entitled
ASSURANCE or SECRETARY.
"Hc then detailed how II would be done.
sreciaI agents 30 so 20 one house and be-
gin the investigation. asked whether. In
view Of hls determination TO acquire this
information. we were to be protected In
case OF dishonest special agents. lie as
sured me of this and said that we were
protected by the law. the source Of his In
formation being secret
II asked him about some of this inform
alton getting TO the newspapers and even
10 the department of Justice lie told me
20 have no apprehension on that subject
then asked what use the president OF
tho United States wished TO make OF the
Information lie answered: OF course tho
president would not allow anything to
happcn 90 which anyone could take ex-
rertio- TTr further said that where fiz-