Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-09-24
THE ALTON immune
From Further Prosecution in
Rebate Cases.
ACTION BY JUDGE LANDIS
In the United States District Court
at Chicago Today.
GOVERNMENTS DUTY DEFINED
Attorney General Bonaparte's Letter
Read-Exhaustive Presentation of
the Matter to Attorney Sims.

| cided today by Judge LandiS, III III
| United States district court that the Chi
| cago and Alton railway shall not b'
| further prosecuted for it's connection wit
the Standard Oil Company Of Indiana il
| the granting Of rebates between Whiting
Ind, and East st. Louis. Ill.
| 1t was claimed by Attorney Genera
| Bonaparte. whose letter was read to tn
court by District Attorney Sims. that MI
| Morrison, the predecessor Of Mr.. Sims II
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 therefore. claimed
| that it was the duty Of the government to
see that no further steps toward the pun
ishment of the railroad for its part in the
granting Of the rebates be taken. The At
torney General asked that the grand jury
which had been summoned at the instance
of Judge Landis to investigate the Alton
railroad, be discharged, and that the mat
ter be allowed to drop, as far as the Chi
cago and Alton was concerned.
Judge Lands declined to discharge the
Jury but in. -ructed its members that they
had no further duty to perfom In connec-
ton with the Chicago and Alton railroad
The court then called attention to state
ment recently issued by President Mofrett
of the Standard Oil Company of Indiana In
which it was claimed that If the Standard
Oil Company was guilty of receiving re-
bates no other manufacturer was innocent.
The court directed the jury to investi-
gate the conduct Of other manufacturers
and directed that subpoena be issued for
President Moffett.
Bonaparte's Lengthy Letter.
The letter of Attorney General Bonaparte
which was read In court today was as fol-
lows:
Edward w. Sims. United States Attorney.
Chicago, Ill.
Sir: When the special grand jury
summoned to investigate charges against
the Chicago and Falton Railroad Com
pany shall again attend, In accord
ance with the courts order OF Sep
tember 3, you are instructed to very re-
spectfully inform the court that this de-
partment 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 than
was indicated In the letter bearing date
August 10 last from the Attorney General
to K. NJ. Lands, and to which Judge Lam
dis referred in his remarks to the grand
jury on August IA.
You 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 Standard Oil Com
pany of Indiana be scrutiniZed by this de-
partment and it fully recognizes the highly
appropriate character of the said request
under the peculiar circumstances of this
unusual case. You wIl 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 Of
tenders, whether individual corporate,
against the statutes regulating interstate
commerce, which prompted and was an
nounced in the original order Of the court
summoning this special grand jury.
Moreover, you will ren"w the expression
of regret contained In the Attorney Cen
erals letter of August 10 that this depart
ment, 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 above mentioned
original order.
Duty of the Government.
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 Attorney General
for an authoritative public statement Of its
quence of your request for postponement
made in this case on September 3 last
While the department entertained, as 1t ex-
pressed in this statement, entire confidence
in your sound judgment and devotion to
duty, it 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 correct
ed, would lead to misconstruction of its
own attitude regarding a matter as 20
which 1t had to determine in the singularly
appropriate words used by Judge Lands
August 1t'What the most perfect good
faith requires the government Of the
United States to do.
I'm the case the department has duly
considered, as you are aware, the inter-
esting and pertinent facts which lead
desire 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 Of all the wit
nesses then In the employ of the Chi
cago and Alton Railroad Company who
testified at the trial of the Standard Oil
Company of Indiana: and. having so done,
1t respectfully reports to the court,
through you, that. although the facts
render such a scrutiny clearly appro-
pirate. and although some of the evi-
dence is undenially open to adverse
criticism. the most perfect good faith re-
quires the government of the United
States to accord to the Chicago and AL
ton Railroad Company the privileges
granted an accompllce VINO becomes a
witness for the prosecution.
The Whisky Case Quoted.
'"The nature and extent Of these privi-
leges are discussed at great length in
the whisky cases, 90 U. s.. 594, and may
be regarded as well settled
In the language of Mr.. Justice Cliff
ford in the aforementioned case, the
accomplice 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 ac-
complice. 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 1t be objected that the applica-
tiOn may not be successful, the answer
of the court must be, in substance, that
given by Lord Dorman on a similar oc-
Continued on Second Page.l