The Washington herald., 1907-08-16
WILLNOTBACK- TRACK
BOnaparte Still FaYOrs I'M
prisOnment for Trusts.
AFTER HEAD, NOT UNDERLYING
Attorney General Not DOwneast
over Criticism OF His View-Wiu
Confer with SINS, Morrison, and
Wukerson 10 Find Out whether
Alton Officers Are Immune.

Attorney General Bonaparte seemed IN
nowise cast down OF distressed to-day
BY the many savage attacks that have
been made upon him, because Of the de-
termination he expressed in an interview
IN The Washington Herald Tuesday 10
imprson, II possible the head Of some
great corporation who had defled the laws
rather than 70 punish the ''underlings'
as he called them, Of the trusts
He has received, he said, many COM
munications. mostly anonymous, inclos-
ing newspaper clippings. He was still Of
the same mind. he said, and then added;
4 have been asked very frequently
whether ii were not. as asserted in many
quarters, better policy 10 punish, by i'm
prisonment If possible. individual Of
tenders against the antitrust laws, rather
than 70 obtain fines against corporations.
Punish Heads, Not SubOrdinates.
u have replied. on several occasions,
that in my opinion. it would be a more
effective deterrent 10 punish individuals
as suggested. provided the punishment
fell on those really responsible for the
offense ana not merely upon subordi-
mates. provided the offenses were serious
and not merely formal, and provided that
no prosecution were Instituted without
a reasonable hope Of success. 1 have said
this more than once, because / have been
asked about it very frequently. I am
stlu OF the opinion thus expressed. and
I think it Is a sound and reasonable one.
When I was appointed Attorney Cen
erai I announced that 1 considered II
unnecessary and inappropriate for me TO
express any opinion as 10 the policy or
the equity Of any statutes which might
be enacted by the Congress. II was my
duty and il would be my effort 10 see
that all persons, without regard 10 their
numbers their means, or their occupa-
tions. obeyed such statutes in letter and
in spirit. OF If they failed TO do so that
they would be prosecuted and punished
for their disobedience. l have only done
what ! could 10 act upon these prinei-
pies"
Speaking of the anxiety in Wall street
over the trust prosecutions, Attorney
General Bonaparte said,
Il have been accused Of talking too
much lately, and I think that I had bet
ter keep quiet It does seem 10 me,
though that officers Of corporations and
enterprises that have not violated the
laws Of the country have no occasion TO
be anxious. II they are innocent, as
doubtless hundreds Of them are. they do
not need 10 worry. The government seeks
only to punish those who have deliberate
" and dehantly violated the country's
laws"
To Confer on Alton Immunity.
ent controversy which has arisen between
Judge Lands and the Department OF JUS
tice over the prosecution of the Chicago
and Alton officials. said he had directed
District Attorney Sims, former District
Attorney Morrison, and Mr.. Wilkerson. TO
come 70 Washington and 10 confer with
him next Monday on the Chicago and
Alton situation The entire question at
issue Is 10 determine from the record
whether the Chicago and Alton officials
fully cIme up 10 their part Of the agree
mont. which the officials OF the Depart
ment Of Justice undoubtedly made with
them, namely, that II they testified fully
and freely, and without any reserve, as
10 the part played by them In giving
rebates TO the Standard, they would be
granted immunity MIR. Bonaparte has
been in correspondence with Judge Ian
dis. and has furnished him with the in
formation which Is in the possession Of
the department. At the conference next
Monday Mr.. Bonaparte will endeavor 20
learn If the Chicago and Alton officials
acted in complete good faith, and If so,
they will be immune.
Claimed Alton Did Not "TOte Fair"
There is a general mix-up in regard 10
the Alton rebate cases. and the Depart
ment OF Justice is not yet clear on the
question whether the immunity from pros
ecution which Is supposed to have been
promised by former Attorney General
Moody is binding on the government. Il
has been said that the Alton officials did
not act IN good faith with the government
in regard 70 the testimony against the
Standard oil Company IN consideration
Of the promise Of immunity, and with this
statement accepted as true. II is argued
that the government is under no ObH-
cation to withhold prosecution. This.
evidently, IS the opinion Of Judge Lands,
at Chicago, who imposed the enormous
tine on the Standard. and who instructed
the grand jury 10 proceed with an in
vestigation OF the Alton rebates. prelim-
mary 10 4 prosecution of that railroad.
Just at present the peculiar situation is
presented of a Federal judge apparently
more eager 20 punish an alleged law
breaking corporation than the Roose-
welt administration is.