Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-04-03
CONGRESS TO BLAME.

President Roosevelt is no gutter,
nor is it any fault of his or the de-
partment of justice that the packers
escaped punishment in Judge Hum
phreys court. The blame for mis-
carriage of justice must be laid at
the door Of congress for it's hardness
in not passing additional legislation
20 strengthen the Sherman law, in
stead of butting in and by joint resO-
luton directing the bureau Of corpo-
rations to make public investiga-
ton of the packing houses and pub
| lsl full report when the depart
ment of justice had already instituted
| and was making good progress in
secret investigation.
No blame is attached to Commits
sioner Garfield by the administration
fer the failure of the case against
the packers, although he has been
severely criticized for the methods ne
adopted, supplying, it is charged, the
loophole through which the individ-
l,als whom it was sought to punish
escaped
In the commissioners defense it is
declared he acted in exact accordance
with the decision handed down a few
weeks ago by the supreme court of the
United States in the tobacco and pa
per trust cases The supreme court
held that individuals could not plead
| immunity when called upon 10 pre-
sent the books of corporation
II is declared that the only way to
make investigation is through the
books of a corporation, and the only
way to ger the books is to nave a
human being produce them. This, it
is asserted is all that Commission.
e" Garfield did, he did not. it is held.
Subpoena the individuals as Witnesses
in a criminal case in the manner that
Vcald give to them the privilege of
giving testimony that could not be
used against them.
Mr., Garfield in Chicago. in other
words merely accepted what the
hackers We're willing to tell him Of
their own accord. and based his re-
port upon these statements. He pur-
posely refrained from asking any
question which would bring up the
question of immunity and during the
entire investigation was guarded from
day 10 day by telegraphic instructions
sometimes coming from the attorney
aoEeral and sometimes from the pres
ident in person
The administration mad gone over
The question of immunity in the light
w all the statutes. and concluded as
matter of law that the seeming
compliance made by Garfield with the
\ 1Gint resolution Of congress would
moi furnish a sufficient basis from
( which to permit the packers later on
10 claim immunity.
Thus il will be seen that the abuse
! and ridicule hurled at Mr.. Garfield
al the time he made his report was
entirely uncalled for and due to the
ignorance of the delicate situation
then existing. the commission trying
70 avoid any grounds upon which the
packers could set up the claim of inn
llunity.
The President and the department
Of justice, although temporarily baf-
fed, are not discouraged, and will
continue the war against unlawful
trusts even if it becomes necessary
70 begin all over again.
A bill now before congress provides
i specifically for appeal by the govern
ment on points of law in criminal
prosecution. 1t was prepared by the
/ Gerartment of justice and would fully
meet the present emergency II its
passage can be secured at this SEES
sion the department of justice will
he fortified with power to appeal from
such a decision as that rendered by
Judge Humphreys, which is not re-
earded as good law by the depart
| ment