New-York tribune., 1907-09-25
ALTON GETS IMMUNITY.
ETBPEN4 FOR MOFFEIT.
Indiana Oil Head Mast Erptain
CHARGES Made an Statement.


Chicago. Sept a-Judse Lands decided in the
United States District Court to-day That the chi
caso & Alton Railway shall not be prosecuteo
further for its connection with the Standard oli
Company OF Indiana and the granting OF rebates
between Whiting. Ind. and East ST. l-ous' III
il was stated by Attorney General 0olapdit1'
whose letter was read the court by District At
.ornev Sims that Mr. Morrison, the predecessor %
Mr. Sims in office. had promised immunity 10 'ho
Alton road provided assisted in good faith IN the
prosecution of the Standard on Company lhe
Attorney General therefore asserted that II was
the duty of the government TO see that no furtheT
stems toward the punishment Of the railroad for
.ts part i'm the granting Of the rebates be taken.
The Attorney General asked that the grand jury
which had been summoned the instance of Judge
lands 10 investigate the Alton Railroad be ois-
charged and that the matter be allowed 10 drop
so far as the Chicago & Alton was concerned
Judge Lands declined 70 discharge the jury but
instructed members that they had no further
duty perform in connection with the Chicago n
Alton Railroad The court then called attention to
g statement recently issued by President Moffett OF
.he Standard Company Of Indiana in which II
r7as said that the Standard OIL Company was
guilty of receiving rebates no other nlapufacturer
was innocent. The court directed the jury TO in
vestigate the conelct Of other manufacturers ana
directed that q subpoena be issued for President
afofett
The letter of Attorney General Bonaparte, which
was read in court to-day, was as follows:
Edward ". Sims United States Attorney. Chicago,
Sir When tie special grand jury summoned to
Investigate charges against the Chlcasc q s AIton
snce with The courts order of September . you
instructed TO verE respectfully INFORM me f1T
81 and is Unable 10 find any sufficient
Son Tor OF her action on part than indicated
.n the letter bearing date August TO- last, from
the Attorney General TO Hon h ID Lahols. @ ana " 70
which Judge Lands referred I'm his remarks TO
the grand and j1Ts on Aqggs Il o4oaeT 9 appreeiaes
the force and coseilcE oI s F .-+iTnn13,,
In the case against the Standard Oil Company Of
Indiana be scr1stinized 10y this department: ana ~
snlly recognizes the highly appropriate character
Of The said request under the peculiar circnln-
re the coErf % this departments earnest wish
20 cooperate heartily and effectively with the 1ua.
ss speedily as possible all offenders whether lndl-
riduai corporate against the 5tae5 ana Was
announced in the original order of the court sum
nGng % pse IRi< the eSpression Of regret in
the attorney Generals letter OF Ansns. ~ of iiSa th
material determining its present ,d acCf faot
s,Tior 10 the above mentioned original order
NECESSITY FOR STATEMENT
= ,,Lsx,se a,cears 10 The department to accord
with proper respect toward the court that on Us
fbehalf, you should explain llle - a3to1TeT
ieenerai for an authoritative public statement OF
its position heretofore advised IN coIsequeIe
OF your request fer postp9nenenJ mace % IN 1l,9
ase seIeber last Mhie " is Ie sateEpent en-
tire oontdeoe in Eo1r sound , 2sest on vonr
@ pal noe re SIs oF eonfusion in the public mind
10 misconsruction of IFS own atutaae Iegarute th
singuiarly appropriate words used by Judge Lanals
son August Ii. 'what the most perfect good falth
requires the government OF the United states 10
CO; this case III. departnlent has duly considered
as YOU are aware, the interesting and pertinent
facts which lead you to ask :he PostponerneI.
r te t court coz expressed in August Il it
has ex n1aiore cautea. gone over again the, test-
iaoTv Of all The witnesses then in the employ OF
fed at trial Of the Standard e1I CoinPainy @ %
Indsana; and. having done it Respectfully re-
facts render such scrutiny clearly appropriate,
and althougn some Parss cI +cfs IN the most per
feet good faitl: requires the government OF TN, .he
United States 20 accord TO the Chicago & Alton Ton
Railroad Company the privileges granted an ac-
compliee who becomes witness for & me ee pTGSee1
discussed great length in the whlsFSy case'
] N ne {;aS ~ csse .T'e accompitce requires
onfy an en1,Itable right TO the cIernency of the
executive which. Lord Mansfield said rests on
WHO. IN a proper case viii be bailed by the court
81 order that ne may apply for The PARDON 10
Should # be objected that the application may not
sn substance that given by Lord DOrman on sim
.lar occasion that we are not TO presume Laat d IN,
most criminal accomDIice may thus acquire by
SRs S sacredy TO ceordea 5s lEI to IN him by the PeGeh
whom the pardoning power is vested oy the ieoeTai
TIIe Justice SAYS further. referring to the
--FuhIic policy and the great ends OF 1ustlce. u
said fJ- s Us. Lee, require
that she arrangement beiHes the Pubic prosecu-
tor and the accomplice should be carried out ana
that the court proceeded remark that If the dis
f-fct attorney failed nolle TroSQui 20 the
Indictment. she court viii continue the cause until
application be made for pardon which;
Of itself is recognition Of the usage and
practice established in the place of the ancient
proceeding of Improvement
Mr. RoNAPARTE'S POSITION.
The department. has felt that tn its high regard 6g for
s7ecacv inquiry requested of IL by the order
August forbade that this inquiry should be
committed subordinate. however competent
trusted. The subject has. therefore. received
throughout the personal attention of the Attorney
General. Having submitted the foregoing report,
explanation anG statements of the depart nent 20
will tiereupcn respectfully move the
that the special grand jury be discharged
from further consideration Of the above mentioned
subject matter. and you xi immediately report 10
the department your action in the premises ana any
which NAV he taken thereon by The Yours
respectfully. CHARLES J. BoNAPARTE.
Attorney General
Judge Lands. after the reading of the letter OF
Attorney General Bonapsrte. recounted to the
members the grand jury tie history of the case
citing he said evidences Of crinlinaty
pert Of the railroad company in connection
with the granting of the rebates. and saying that
the promise Of immunity must. however, be kept,
directed that the Jury should take no further ac
iion against the railroad company the matter
He continued:
There is. however another matter which il be-
comes my duty to submit A document
porting have been issued by the directors Of the
holders and which counsel for the Standard OIL
they have never and