Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-08-13
Railroad Will Not Be Prosecuted
For Granting Rebates to
Standard Oil Company
mooDYs PROMISE is KEPT
Government is Preparing for Addition
al Legal Proceedings Against Trust
Atoms Action Helped Prosecution
in Recent Suit Other Cases
Soon. II


& Alton Company will not be prose-
cuted by the government for granting
rebates to the standard Oil Company.
Judge Lands himself will make an
announcement to this effect. perhaps
today.
This decision is the result of con-
sderation given the matter by the
president and Attorney General Bon
aparte and follows the discovery of an
explicit promise of immunity given to
the road by Mr. Moody, now an assoc
cate justice of the United States SUI
preme court, when he was attorney
general The attention of Mr.. Bona
parte was called to this promise last
week, not by the Chicago & Alton, but
by an official Of the government who
has had to do with the preparation of
stated that without the assistance of
the Chicago Il Alton, it would have
been impossible for the government to
prosecute the Standard Oil upon a
large number of counts which were
contained in indictments found In Chi
cago, New York and Tennessee.
1t was possible, of course. for the
department of justice to have COM
PEELED the Chicago & Alton to open its
books and papers in accordance with
the decision rendered in the tobacco
and paper trust cases. But such pro-
ceedings necessarily would have placed
the railroad on it's guard and prevent
ed the government from getting In
formation as abundantly as it did as a
result of the voluntary action of the
road.
Upon receipt of the communication
the attorney general laid it before the
president and the latter directed him
to carry out the promise made by Mr..
Moody Upon his arrival in Wash
ington, the attorney general communi-
Gated with Judge Lands and explained
how the government was unable to
carry out the instructions he had given
to the president in the case of the
Chicago & Alton to a special grand
jury. Under direction of Judge Lam
dis, an order far panel of sixty men
was made returnabe at 10 o'clock on
Wednesday next. The court. therefore,
will have an opportunity to cancel the
order before it is put into effect
Judge Lands, of course, has every
right to insist upon the impanelng of a
jury but it is not believed he will do
SO, for the reason the moment the gov
eminent presents evidence showing
that compromise of immunity was
given to the road, that moment a YER
diet of acquittal would be rendered.
AS a result of this decision on the part
of the government the Chicago and
Alton is saved from proceedings in
volving fine of $29,240,O00, the same
amount that was imposed upon the
Standard Oil company.
Other Roads May Escape.
The department of justice declines to
say whether other roads which have
granted rebates to the Standard will
escape prosecution on the same ground
as the Chicago and Alton. Proceed
ings against the Pennsylvania have
been begun in New York. There is rea-
son to believe, however, that the gov
eminent feels kindly toward all the
railroads save the New York Central.
which alone refused to give any infor-
nation to the bureau of corporations
when 1t was making its investigations
into operations of the Standard.
In the case of the New York Central
the government was able to obtain pos
itive evidence on only one count, and
SIS, 900 was the amount of the fine i'm
posed upon that road. 1t is understood
u-;11 rofra in
from submitting to the grand juries
any proposal to indict railroads, limit
ing their activity to prosecution of the
Oil trust.
Attorney General Bonaparte has been
devoting himself today and will con-
tinue to do so for some days to the
work of preparing for further prosecu-
ton of the Standard. In granting an
appeal to the trust from the sentence
of Judge Lands there is no doubt that
Judge Grosscup acted in entire ac-
cordance with legal procedure But
the hasty way in which this was done
has been subjected to criticism by adj
ministration officials. There is no dam
ger of the government being caught
mapping in this matter, because 1t Is
known here that District Attorney
Sims has taken all necessary precau-
tions to protect government interests
The proceedings against the Stand
ard Oil under the Sherman antitrust
act have reached a stage where the
taking of testimony shortly will begin.
Mr.. Bonaparte has received a telegram
from Frank B. Kellogg, one of the spe-
cial counsel for the government. an
nouncing that the examiner Will be-
gin his work in New York on Sep
TENDER 8. Shortly before that time
subpoenas will be issued for witnesses,
many of whom have been prominent
in the upbuilding of the great trust.
By their testimony these persons Will
receive immunity FROM prosecution
John d. Rockefeller and Sohn d. Arch
bold obtained this boon as a result OF
their appearance in Judge Lands,
court in Chicago.
PIedaes Kept Will Aid Cause.
In view Of the Standard OIL and oth-
er trust cases. il Is highly important
for the government. aside from the
moral aspect of the question. TO show
that it proposes to stand by It's pledges.
The departlnent was Informed shortly
after Judge Lands rendered his decis-
ion that the railroads and corporations
under fire We're going to get ioseeher
for the purpose of cooperation In
fighting further government prosecu-
lions This would mean that the gov
eminent would experience serious diff
dc,1lty in getting evidence, as has been
tho case in the past, and that a handi-
- ~ the inVpStiRl-