The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1907-09-04
ALTON CASE
IS POSTPONED
Delay of Three Weeks is
Granted by Judge
Lands.
SIMS ASKS FOR DELAY
Unexpected Difficulties Prevent the
Granting of Immediate
Immunity.

immunity for the Chicago and Alton
railroad was again postponed yester-
day.
The delay was unexpected. It had
been supposed that when Judge Lam
dis in the United States district court
reassembled the special grand jury an
announcement would be forthcoming
that would end the move TO prosecute
the road for it's share in the viola
tion of law for which the Standard Oil
was assessed the big fine.
The end did not come, however. The
district attorney, instead of announc-
ing that the administration would not
prosecute the Alton for granting the
rebates to Standard Oil, asked that the
matter be postponed for three weeks.
Judge lands prosnptly granted the
request and announced that the grand
jury might take a recess until Sept. 81.
Reason for the POstpOnement.
Unexpected difficulties had arisen in
the way of fulfilling the governments
promise of immunity to the Alton, and
these made the three weeks postpone
ment necessity. 1t is believed that
by that time these difficulties may be
smoothed away, and that the case
against the road will then be dropped
finally.
Advices from Washington from time
to time have indicated that it IS the
governments settled purpose to adhere
TO the agreement made by former At
torney General Moody and former Dis
trict Attorney Morrison with the Alton
officials, whereby evidence was secured
which led to the conviction of the
Standard Oil-deemed the greater of
fender.
Sims Makes "A Statement.
In postponing the proceedings yes
terday Judge Lands said he did not
know the government prosecutors rea-
son for his request, and District Attor-
ney Sims would not shed any further
light on the subject. In his statement
made to the court. Mr. Sims said:
IN compliance with the suggestions
of the court made at the time of the
converting the present grand jury, the
facts and circumstances in connection
with the matter under investigation
were submitted to the department., and
] had expected to be able to report to
the court this morning it's Views and
findings thereon.
Recently. however, a situation has
arisen which, In my judgment, makes
it highly desirable that I have time to
submit to the department certain facts
and circumstances in addition to those
already submitted.
For these reasons I have the honor
to request that further action in this
matter be postponed for three weeks
from date"
First Theory Of POstpOnement.
At first it was supposed that this
announcement indicated that something
had been discovered which might affect
the decision of the department., made
several weeks ego. This decision.
while never announced officially, is
known to have been that as the prom
ise of immunity had been made to the
Alton. in consideration Of the help
which the road agreed to furnish the
government. the only honorable course
open to the government would be to
confirm that promise and refuse to
prosecute.
The theory was that proof might
have been discovered that the Alton
sought to trip the government in the
prosecution of the Standard Oil COM
pauy There had been hints of this
ever since the sad failure of Rate Clerk
Collins to remember whether he told
Traffic Agent Bogardus OF the Stand
ard Oil that the ceut rate which had
been filed with the interstate COM
merce commission This was one of
the most vital points in the prosecu-
ton of the Standard. as it involved the
direct question of intent to violate the
Elkins law.
All this, however. was presented to
the attorney general by Mr. Sims at
the conference held in Washington sew
eral weeks ago 1t was then held that
Hollands action could not be construed
as violation OF the secret agreement
on the part of the Alton. At that time
there was nothing to show that his
course was inspired by anything other
than poor memory.
To smooth Ont Difficulties.
So the theory regarding the unex-
pected discovery of new evidence was
abandoned and the belief became gen
eral that merely temporary difficulties
had arisen and that these would be
brushed aside within the next three
weeks.
The situation has caused the can
collation. of two weeks cruise which
District Attorney Sims had planned. He
expects to ge to Washington within
few days TO confer with Attorney Cen
eral Bonaparte. Plans for this second
conference were made yesterday by
wire. but no announcement was made
as to the time for holding It.
Judge Lands said the governments
reason for asking continuance did
not concern him. He added:
THE lawyers practicing in this court
have learned by this time. think. that
any communication they may have TO
make TO me on the business Of the
court must be made when I am on the
bench I'm going to the Tippecanoe