Omaha daily bee., 1907-09-25
ALTON GRANTED IMMUNITY
Judge lands Orders Grand Jury to
Stop Its Investigation.
TAKES UP NEW LINE OF INQUIRY
Court Follows Up the Remark of
President MORett - Mnnufac-
turers Are to BE Put
on Rack.

turers Are TO BE Put
on Rack.
CHICAGO, Sept Alt was decided today
by Judge Landis in the United States dis
trict court that the Chicago q Alton rail-
way shall not be further prosecuted for
its connection with the granting of rebates
to the Standard Oil company on oil ship
ments between Whiting, Ind, and East
st. Louis ILL., 1t was claimed by Attorney
General Bonaparte. whose letter was read
to the court by District Attorney Sims,
that Mr. Morrison, the predecessor of Mr..
Sims I'm office, had promised immunity to
the Alton road provided 1t assisted in good
faith in the prosecution of the Standard
Oil company. The attorney general, there
fore, held that II was the duty of the gov
ernment to see that no further steps toward
the punishment of the railroad for its part
in the granting of the rebates be taken.
He asked that the grand jury which had
been summoned at the instance of Judge
Lands to investigate the Alton railroad be
discharged. Judge Lands. in a statement
which required fully thirty minutes for its
delivery. declined to discharge the jury, but
instructed its members that they had no
further duty to perform in connection with
the Chicago & Alton.
The court then called attention to state
ment recently issued by President Moffett
of the Standard Oil company of Indiana
in which it was claimed that If the Stand
ard oil company was guilty of receiving
rebates no other manufacturer was inno-
cent The court directed the jury to in
vestigate the conduct of other manufac-
turers and directed that a subpoena be is
sued for President Moffett
Attorney Generals Letter.
The letter of Attorney General Bonaparte
to District Attorney Sims was read in court
today. 1t said:
You will inform the court that this de-
partment hns most carefully considered and
again reconsidered all aspects of the case,
and Is unable to find any sufficient reason
for other action on its part than was indi-
Gated in the letter dated August 10 last
from the attorney general to Hon. *. NJ.
Lands, and to which Judge lands re-
ferred In his remarks to the grand jury on
August IL. You will assure the court that
this department thoroughly appreciates the
force and cogency OF the reasons which
caused its request that the record Of testi-
mony in the case against the Standard Oil
company of Indiana be scrutinized by this
department, and 1t fully recognizes the
highly appropriate character of the said
request under the peculiar circumstances
of this unusual case. You VIII further as
sure the court of this departments earnest
wish to cooperate heartily and effectively
with the judiciary in the admirable purpose
to bring to justice as speedily as possible
all offenders against the statutes regulating
Interstate commerce, which prompted and
was announced In the original order of the
court sumfhoning this special grand jury.
Of regret coutained y9T @ nem IN the attorney gem
erals letter of August 10 that this depart
ment, by reason of its ignorance of the
material facts determining its present
tion, could not advise III, court as to the
said facts prior to the above mentioned
original order.
Need of Public statement.
1t likewise appears to the department. that
you should explain to the, court the evident
necessity which existed, In the judgment
of the attorney general. for public state
ment of its position in consequence of your
request for postDonement made in this
case on September 3 last.
The department has duly considered, as
you are aware, the interesting and peril
nent facts which led you to ask the post
ponement, and in its desire to carry out
thoroughly the wishes of the court. eX-
pressed in the order of August H. It has
testimony of all the witnesses then in the
employ of the railroad company who testi-
fled at the trial of the oil company, and II
respectfully reports to the court through
you, that, although the facts render such
a scrutiny clearly appropriate, and al
though some parts OF the evidence are un-
denably open to adverse criticism, the most
perfect good faith requires the government
OF the United States to accord to the Chi
leges granted an accomplice who becomes
a witness for the prosecution.
After quoting authorities and decisions on
the subject OF privilege of immunity granted
such witnesses, the attorney generals letter
concluded as follows:
Having submitted the foregoinv ranort
explanation and statement of the depart
ment TO the court, you will thereupon re,
specttuly move that the special grand Jury
be discharged from further consideration Of
the matter, and you will Immediately ren,rt
your action In the premises and any which
may be taken thereon by the court
President MORett's Circular.
Judge Landis, after the reading of the
letter, recounted to the grand jury the
history of the case. citing what he said
were evidences of crminality on the mart
of the railroad company i'm Connection with
granting of rebates. but added that the
promise Of immunity must, however. be
kept and directed that the jury discontinue
the investigation. He directed the Jurors
attention, however. TO the following state
ment by President Moffett. published in
the circular to empolyes and stockholders
recently issued by the Standard Oil COM
pany.
Thousands of tons Of freight have been
shipped from these points during the last
fifteen years under the same circumstances
as the Standard shipments. and II the
standard is guilty in this case. so is prac-
ucany every other shipper in this great
manufacturing territory Is there a purpose
IN selecting the Standard a victim?"
said Judge Lands: Il hope l need not
say to you that 1t is my highest ambition
to so administer the affairs of this court
that no one can truthfully allege such
things as this. Therefore / direct that
SubpDPna he isSuad for NJ AEoeot,
Ing him to attend your next session.
charge you to give diligent attention TO his
testimony"