The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-09-25
ALTON RECEIVES
ITS LITTLE BATH
BY Order of the Attorney Gen.
eraI Judge Lands Calls a
Halt on Prosecution.
GRAND JURY Is STILL HELD
SOME OF THE OTHER OFFEND
ERS TO BE LOOKED UP.


Chicago. Sept A.-It was decided to-
day by Judge Lands in the district court
that the Chicago & Alton railroad shall
not be further prosecuted for its connec-
ton with the granting of rebates to the
Standard Oil company on oil shipments
between Whiting, Ind, and East St
Louis, ILL., 1t was claimed by Attorney
General 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 Stan
dard Oil company. The attorney general,
therefore, held that it is the duty of the
government to see that no further steps
toward the punishment of the railroad for
its part in the granting of the rebates be
taken. He asked that the grand jury
summoned to investigate the Alton rail-
road be discharged.
Alton Gets Its "Bath."
Judge Lands declined to discharge the
grand jury but instructed it's members
that they had no further duty to perform
in connection with the Chicago & Alton
railroad.
The court then called attention to a
statement recently issued by President
Moffett of the Standard Oil company of
Indiana, in which it was claimed that If
the Standard Oil company was guilty OF
| receiving rebates, no other manufacturer
was innocent. The court directed the
/ jury to investigate the conduct of other
manufacturers, and directed that a sub
pOena be issued for President Moffett.
Bonaparte's Letter.
| The letter of the attorney general to
| District Attorney SIMS read in court to-
/ day, directed Mr. Sims to Inform the
| a 10 4 boe
/ fully considered and again considered all
| aspects of this case, and is unable to find
/ any sufficient reason for other action or
its part than was Indicated in the letter
! of Aug. 10 last from the attorney general
/ to Hon. X. NJ. Lands, and to which
/ Judge Lands referred in his remarks tC
| the grand jury of Aug. H. You will as
| sure the court that this department thor
| oughly appreciates the force and cogency
| of the reasons which caused its request
/ that the record of testimony in the case
| against the Standard Oil company should
be scrutinized by this department; and
| it fully recognizes the highly appropriate
| character of the said request under the
peculiar circumstances OF this unusua
case@
Due to Ignorance.
''You will further assure the court Of
| this department earnest wish to coop
| crate heartily and effectively with thu
| judiciary in the admirable purpose Z
| bring to justice as speedily as possible
all offenders against the statutes regu
lating interstate commerce, which
prompted and was announced in the orig
inal order Of the court summoning thi!
/ special grand jury. Moreover, you vii
renew the expression of regret contained
in the attorney generals letter OF Aug
10. that this department, by reason OF II
ignorance of material, determining IT
present action, could not advise the courts
TO the said facts prior to the abOve-men
toned original order. 1t likewise appears
to the department that you should ex
plain to the court the evident necessit!
which existed in the judgment of the at
! toTney general for a public statement o
its position, in consequence OF your re
quest for a pOstpOnement, made In tht
case on Sept. last.
All the Facts Considered.
1.-THE department has duly considered
as you are aware the interesting ant
| pertinent facts which led you to ask tn
out thoroughly the wishes of the court
expressed in the order of Aug. IA, il ha
ex maOire cautela gone over again tn
testimony of all the witnesses then Il
the employ of the railroad compan,
who testified at the trial of the Stan
dard Oil company, and it respectfully re
ports to the court, through you, that al
though the facts render such scrutin
clearly appropriate, and although som
parts of the evidence are undeniably opel
to adverse criticism, the most perfec
good faith requires the government of tn
United States TO accord TO the Chicago
Alton Railroad company the privilege
of an accomp.ice who becomes a witnes
for the prosecution"
Bonaparte's Conclusion.
: After quoting authorities and decision
on the subject of privilege of immunit
granted such Witnesses the attorney gen
erals letter concludes as follows:
| Having submitted the foregoing re
I to- 4
department to the court, you will there
upon respectfully move that the speca
grand jury be discharged from furthe
! consideration of the matter; and you wi
| Immediately report your action in tn
PREMISES and any which may be take
thereon by the court"
, Judge Lands, after reading the letter
recounted to the grand jury the histor
! of the case, citing what he said were ey
licences of crfminality on the part of tn
! railroad company in connection with tn
: granting of rebates, but added that tn
promise of immunity must, however, b
kept and directed that the jury discon
tinue the investigation.
Chance to Get Action.
He directed the jury's attention, how
| ever to the following statement by Pres
ident Moffett, published in the circula
TO employees and stockholders, recent
issued by the Standard Oil company:
thousands of tons of freight have bee
shipped from these points during the Ia:
fifteen years under the same circun
stances as the Standard shipments, and
tha STANDARD is guilty in this case, so
practically every other shipper in tn
great manufacturing territory. Is thel
q purpose in selecting the Standard as
, victim?"
, NOT saw 10 YOU that il is my highest an
bition to so administer the affairs of tn
court that no one can tTuthfully allies
: such things as this. Therefore l DIRE