The Mena weekly star., 1907-08-15

Chicago, Aug. 14.-Upon a plea of immunity the Chicago & Alton rail. way expects effectually to bar prose cution by the government on the charge of granting rebates to the Standard Oil company of Indiana. This immunity is said to have been promised the Alton before the indict. ments against the Standard were re. turned last August, and in considera. tion of it the Alton furnished the fed eral officials with all proof necessary to convict the Oil trust.
 The federal grand jury called twn weeks ago by Judge K. M Landis fo, the express purpose of Investigating the capabi.ity of the Alton in givinj rebates to Standard Oil, will convene Wednesday and the question C.. whether immunity was granted will become an important one. The Al ton officials may submit their proof to District Attorney Sims then or wait until the indictment is returned Thus far the Alton officials have said nothing about the charge made against them.
 Such is not true of the federal forces and this may explain the agi tation wllch Judge Landis' action created when the news of it reached Washington. It was termed i'll ad. vised and unfortunate with the in, ference that 1t would interfere with other trust prosecutions. Special As. sistant Distrit Attorney Wilkerson dc clared Monday that so far as he knew no immunity had been granted the Alton, but Mir. Wilkerson did nos become associated with the case un- til after the indictments were re. turned a year ago.
 c. B. Morrison. who was district attorney at that time, is not in Chi cago, nor is Attorney Winston, coun- sel for the Chicago & Alton. Both of these men would know it if the pro mise of immunity was made. If im- mdnity from prosecution was granted the Alton by the government the agreement was of necessity a secret one. The indictment of the Standard Oil company followed closely on the Beef trust cases in which the i'm munity bath first found judicial recognition. The result of this was a law expressly passed to prevent repetition of the immunity bath" plea.
 In the face of this law so recently passed and because of the use to which it would be put by the defend ant any agreement as to immunity would of course, bo sub rosa Judge Landis was not party to any such agreement and not being apprised oi it even took the responsibility of call ing a grand jury with the view of in. dieting the prosecuting witness.
 By this the government is put in an embarrassing position and having failed to declare the immunity, il must now stop the proceedings in some other way. Reports of this secret immunity agreement reacne | the federal building from several diff ferent sources Monday. but no one was tangible enough to afford yeri fication.
 Attorney General Bonaparte has looked into the facts, 1t is said, and found that the agreement was made and is binding.
 In Washington the pledge is re- garded as unfortunate. It prevents the department from taking actior against either the railway company or any of it's officials. MT. Bonaparte realizes that he can now reach H. Hartman in no way and he has in his possession the evidence in sew eral cases which might be made the basis for criminal prosecution. It is said that the president is particular ly disappointed over the agreement. as he is desirous of having decisi Se legal action taken against all cor,'of- ations guilty of rebating