The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-09-24
ALTON ROAD
WILL NOT BE
PROSECUTED
(oontinued from First page,

ldCiuICIB anu OIutItu the lsSudnCe OF
q subpoena for Mohett.
1t was claimed by Attorney-Generai
Bonaparte. whose letter was read to the
court by District Attorney Sims, that
Mr.. Morrison, the predecessor of Mr..
Sims In office, had promised immunity
to the Alton road, provided it assisted
in good faith In the prosecution of the
Standard OIL Company. The Attorney
General, therefore, claimed that IL was
the duty of the government to see that
no further steps toward the punishment
of the railroad for its part in the grant,
ing of the rebates be taken. The Attor-
ney-General asked that the Grand Jury.
which had been summoned at the in
stance Of Judge Lands. to investigate
the Alton Railroad, be discharged, and
that the matter be allowed to drop as
far as the Chicago and Alton was COLI
cerned.
The letter of Attorney General Bona
parte, which was read in court today,
was as follows:
Edward w Sims, United States Attor-
ney, Chicago ILL.,:
"Sir:-When the special Grand Jury
the Chicago and Alton railroad COM
pany shall again attend, In accordance
with the courts order Of September 8.
you are instructed TO very respectfully
inform the court that this department
has 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 tia was IN,
10 last from the Attorney-Gene to Hon.
X. M lands. and to which Judge Lands
referred IN his remarks to the Grand
"Yoi will assure the court that this de-
partment thoroughly appreciates the
force and cogency of the reasons which
caused its request that the record of
testimony in the case against the Stand
ard Oil Company Of Indiana be scruti-
nized by this department; and 1t fully
recognizes the highly appropriate charac-
ter of the said request under the peculiar
circumstance of this unusual case.
You will further assure 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.
whether individual or corporate, against
the statutes regulating interstate COM
merce. which prompted and was announced
in the original order Of the court sum
moning this special grand jury. More
over, you will renew the expression of re-
gret contained in the Attorney-General's
letter OF August 10 that this department,
by reason of Its ignorance of the material
facts determining its present action, could
not advise the court as to the said facts
prior TO the aforementioned original
order.
1T likewise appears to the department
to accord with proper respect toward the
court, that, on its behalf you should ex-
plain the evident necessity which existed,
In the judgment Of the Acknowledgement,
for an authoritative public statement OF
Its position. as heretofore advised, In con-
sequence of your request for a postpone
ment made in this case on September 3
last.
while the department entertained, as 1t
expressed In this statement. entire con-
1dence In your sound Judgment and devo-
ton to duty, 1t felt that this request on
your part. not only might cause, but in
fact caused, some measure OF confusion in
the public MIND as to the facts which, If
not corrected, would lend to misconstruc-
ton of Its own attitude regarding a mat
ter as to which 1t had to determine. in
the singuiarly appropriate words used by
Judge lands on August IA: What the
most perfect good faith requires the gov
eminent of the United States to do
In this case the department has duly
considered, as you are aware. the inter
esting and pertinent facts which lead you
to ask the postponement, and. in It's de
sire to carry out thoroughly the wishes
OF the court, expressed in the order of
August IA. 1t has ex maiore, ~cautela, gone
over again the testimony on all the wit
nesses then in the employ OF the Chicago
and Alton Railroad Company, who testi-
|N - - Wv nv VII &Othl-
pany. OF Indiana; and. having so done,
1t 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 I'M
deniably open to adverse criticism, the
most perfect good faith requires the gov
eminent of the United States to accord to
the Chicago and Alton Company the
privileges granted an accomplish who be-
comes a witness for the prosecution.
THE nature and extent of these privi-
leges are discussed at great length In the
whiskey. cases. 80 y. s. 594. and may be
regarded as well settled. In the language
Of Justice Clifford in the above mentioned
case. The accomplish requires only an
equitable right to the clemency of the
executive, which, as Lord Mansfield said.
rests on usage and the good behavior Of
the accomplice who, in a proper case, will
be bailed by the court. In order that he
may apply for the pardon to which he is
equitably entitled.
Should it be objected that the appli-
cation may not be successful the answer
of the court must be in substance that
given by Lord Dorman on a similar occa-
sion, that we are not to presume that the
humblest and most criminal accomplish
may thus acquire by testifying to the truth
In a federal court will not be sacredly
accorded to him by the President, in
federal constitution
"The same Justice says further, refer
ring TO the case of the United States VS..
Lee 4, Mclean 1903:
Public policy and the great ends of JUS
tice, II was said in the second case Omitted
States vs.. Lee), require that the arrange
ments between the public prosecutor and
the accomplice Should be carried out; and
the court proceeded to remark that, IL the
district attorney failed to enter n nolle
prosequi to the Indictment, the court will
continue the cause until an application can
be made for a pardon. which. OF itself. Is
a complete recognition of the usage and
practise established in the place of the
ancient proceeding of Improvement "
1.-THE department has felt that Its high
regard for the court and its sense Of the
importance and delicacy of the Inquiry re-
quested OF 1t by the order of August Il
forbade hat this inquiry should be COM
mitted to any subordinate, however COM
petent or trusted. The subject has, there
fore, received. throughout, the personal
attention of the Attorney General. Hav-
ing submitted the foregoing report, ex-
PLANTATION and statements OF the depart
ment to the court you will thereupon re-
apaotfn1ItF Ya1tFn tbn nntsrf that fha enaafa1