Pine Bluff daily graphic., 1907-09-23
MAY NOT BE GIVEN
 IMMUNITY BATH

road in the Standard Oil rebate cas- may again fail to become a reality when the grand jury meets tomor TOW at the call of Kenesaw Noun tain Landis. The case was called on September 3 and was postponed until tomorrow at the request o1 United States District Attorney Sims on the plea that he and his asso. clates had not ample time to con duct an investigation Since that time Attorney Sims has been very busy and many communications written and verbal, are known to have passed between him and the department of justice. What was thought to be simple process of applying the whitewash brush and .wiping out the score against the AL ton has now become a more compli- cated matter. It was evident that Judge Landis and Attorney Sims are loath to close the case by the Immunity method, and there are ru- mors of open warfare between them and the department of justice.
 It is believed in some quarters that Landis and Sims intend to drag into the light every detail between the administration legal depart ment and the railroad. Taking ad- vantage of the Knox immunity sta tute passed bysthe last session of congress, so as to make further pleas of immunity by corporations of no avail, Judge Landis, it is be- Iieved, intends prosecuting not only the Alton, but the Burlington and the Chicago and Eastern Illi nois as we'll. These roads also gave concessions to the oil trust and then confessed to the grand jury, hoping thus to receive absolution.
 If Judge Landis permits the grand jury to indict the Alton or any of it's officials, it will force to show it's hand and lay bare all the se crets of it's arrangement with the department of justice. As a bar to prosecution, the Alton will have to plead the promise of immunity al- legged to have been given by At torney General Moody, acting upon the advice and consent of the presi- dent. The plea will have to be ar gued belore Judge Landis in open court, and many phases of the deal now hidden or hay will be made clear. There are rumors that Judge Landis will prosecute certain AL ton official for perjury. President Roosevelt may have to bring the weight of his influence to bear to save the indicted men, in accordance With the promise said to have been made by him through Mr. Morrison, then District Attorney, who acted only after he had also received the approval of Justice Moody, then at torney general
 It is feared in railroad circles that Judge Landis intends to evade the promise of immunity and that other roads, as well as the Alton will be subjects of investigation. That the militant jurist assisted by determined district attorney, can have the railroads prosecuted, even against the desire and influence of the department of justice and the administration is admitted by promi- nent attorneys familiar withthe le- gal aspect ofthe case. Attorney Gen. eral Bonaparte may, and probably will, refuse to prosecute, but that will not serve to prevent Judge Landis appointing an attorney to push any indictments returned by the grand jury. There are no checks on the action of grand jury which has nothing to do with promises of immunity, even if made by the president of the United States. It is pointed out that the first suc- cessful prosecution of trust in California was carried out in spite of the protest and opposition of the district attorney and the Washing ton legal department.
 Even if District Attorney Sims should become afflicted with "colG feet" at the thought of opposing the powers that be, he could be fined for contempt of court by Judge
 Landis. Such a contingency i: apparently remote. Sims is openl! allied with Judge Landis, and i
 forh;d 6an Inv tho danarfnont Of iuS