The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-09-24

Judge Lands and District Attorney
SIMS Declared to BE Loash to Close
Investigation Into Affa:rs OF Alton
R,iiroad With Immunity Bath
May Proceed.

(By Special Service to The Gazette.)
Chicago, Sept. 23.-Promised i'm
munity for the Chicago & Alton road
in the Standard Oil rebate case may
again fail to become a reality when
the grand jury meets tomorrow at the
call Of Judge Kenesaw Mountain Ian
dis. The case was last called on Sep
tember and was postponed until to-
morrow at the request Of United
States District Attorney Sims, on the
plea that he and his associates hal
not had ample time to conduct an in
vestigation. 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 a simple pro-
cess of applying the whitewash brush
and wipings out the score against the
Alton has now become a more COM
plicated matter. Tt is evident that
Judge Lands and Attorney Sims are
loath to close the case by the immun-
ity method, and there are rumors of
open warfare between them and the
department of justice.
It is believed in some quarters that
Lands and Sims intend to drag into
light every detail Of the deal between
the administration legal department
and the railroad. Taking advantageous
the Knox immunity, statute passed by
the last session of congress, SO as to
make further pleas of immunity by
corporations of no avail, Judge Ian
dis, it is believed intends prosecuting
not Only the Alton, but the Burling-
ton and the Chicago & Eastern Illinois
as we'll These roads also gave con-
cessions to the oil trust and then CON
fessed to the grand jury, hoping thus
to receive absolution
II Judge Lands permits the grand
jury to indict the Alton or any of its
officials, it will force the road to show
its hand and lay bare all the secrets
of its arrangement with the depart
ment of justice. AS bar to prosecu..
tion, the Alton will have to plead the
promise of immunity alleged to have
been given by Attorney General
Moody, acting upon the advice and
consent OF the president. The plea
will have to be argued before Judge
Lands: in open court, and many
phases of the deal now hidden Or
hazy will be made clear. There are
rumors that Judge Lands intends TO
prosecute a certain Alton official for
perjury. President Roosevelt may
have to bring the weight of his inflt-
ence 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 re-
ceived the approval of Justice Moody,
then attorney general.
It is feared in railroad circles that
Judge Landis intends to evade the
promise Of immunity and that othe.
roads, as well as the Alton, will be-
subjects of investigation. That the
militant jurist, assisted by a deter
mined district attorney, can have the
railroads prosecuted, even against tho
desire and influence of the department
of justice and the administration, is
admitted by prominent attorneys ia.
miliar with the legal aspects of the
case. Attorney General Bonaparte
may, and probably will, refuse to pros
ecute, but that will not serve to pre-
vent Judge Lands appointing an at
torney to push any indictments re.
turned by the grand jury, There are
| no checks on the action of a grand
| Jury, which has nothing to do with
| promises of immunity, even if made
by the president of the United States.
1t is pointed out that the first success.
ful prosecution Of trust in California
was carried out in spite of the protest
and opposition of the district attos-
ney and the Washington legal depart
ment.
Even if District Attorney Sims
should become afflicted with "cola
feet at the thought of opposing the
powers that be. he could be fined for
contempt of court by Judge Lands.
Such a contingency is apparently re-
mote. Sims is openly allied with
Judge Lands, and if forbidden by the
department of justice to proceed in
the matter. his friends say he would
resign and take charge of the case
under the direction OF Lands.
The grand jury will assemble at II