The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-03-23
PACKERS CASE

al William II. Moody continued MS
argument today before Judge Humph-
rey in United States district court
against the plea of the lawyers for
the packers immunity. The distin-
guished lawyer in addition to showing
himself TO be logical reasoner and
fine rhetorician, also displayed a, re-
freshing vein of humor quite unex-
Lected and doubly acceptable coming
as it did after days of dry argument
10 which the court and spectators have
Lad to listen.
He made reference to John d. Rock
cfeller which brought shouts Of laugh
ter.
1t was in referring to the packers
plea for immunity as the Immunity
bath" He referred to John S. Miller,
attorney for the Armours, as the dis
coverer" of the immunity plea, say
ing "for this uncounted generations OF
captains Of industry will thank him."
Continuing he said: Washington
will become the 'Alsacia' to which they
can resort for the pardon of their Of
lenses. 1t will be much easier, much
better, instead of running away from
subpoena, to run toward the govern
mental agency and serve confession
upon him. Anybody in this land who
is now seeking to avoid the service
of subpoena will thank my learned
friend for giving him very much
shorter road to travel If he can only
travel to the representative OF the
government whose laws he has vio-
lated and obtain his immunity
ROAD FOR CORPORATIONS.
"All the corporation has to do is to
go there In obedience tc the compul-
sion of this law and serve upon the
commissioner of corporations a state
ment with regard to it's conduct and
obtain immunity. He can do it at in
tervals. And the law is q license to
commit crime. .
Il can fancy these gentlemen gath
ering together there. can fancy
MIR. Swift and Mr.. Armour on their
journey to Washington meeting some
$ ether great magnate who has been
there and who has washed in what
l may call the Miller bath-because
they would go as they go to Carlsbad
or the French Lick springs, In order
TO cleanse themselves of misdoing.
Il can imagine them meeting and
saying good morning, good morning
brother Rockefeller, have you had your
immunity bath this morning?'
Look at the absurdity. Look at
the absurd consequences, which l am
not overstating at all. If any one has
right, in obedience to this law, vol
unfairly to make a statement and
thereby claim immunity from 1t. And
yet is is absolutely essential that our
friends should resort to that ground
in. order to maintain their cases.
Almost absolute silence reigned at
Mr.. Moody characterized privilege un-
Ger the constitution as right to re-
fuse to give incriminating testimony
and described immunity as security
from prosecution given as a substitute
1t such testimony were given. He
then applied his inference to the pack
ers' cases.
II say the immunity Law may be
broader than the constitutional priv
ilege. That must depend not upon
cur individual right Of what would
he desirable or undesirable or equita-
bic, but by scrutiny of the law by
which immunity would be conferred.
"It is my belief that the immunity
given under that act is broader than
the constitutional privilege which it
has supplanted and broader in two
respects only. The constitutional
privilege gave the right to withhold
only testimony which might incrim-
tnate. Under the immunity law, 1t
means matters referring to the incrim-
mating testimony"
MOODY'S VIEWS.
81 wish to state my claim with pre-
cision-a citizen is given immunity
Cnly when under the processes of a
subpoena and oath he produces tes-
timony or written evidence relating
to something which might tend to
incriminate him. / believe no govern
ment officer from the president down
can grant it any other way, and l
intend to support it with all the
lower at my command"
Mr.. Moody referred to letter writ
ten by President roosevelt. In the
letter, taken from public document
and previously introduced as evidence
in behalf of the packers, the presi-
dent was purpOrted to have said the
department Of justice and the bureau
Of corporations wiun his sanction were
working together in the prosecution of,
Il would be the last to restrain these
gentlemen, in their duty toward their
olients,' said Mr.. Moody, pointing to-
ward the attorneys for the packers.
IF they feel it their duty to make
an attack upon the man in the white
house who is powerless to come here
and meet it, have nothing to say.
say this without qualification"
Judge Humphrey, commenting on a