The sun., 1907-08-20
ALTON IMMUNITY DISCUSSED
o. ESTION ~ WHETHER ROAD
tCFED ~ GOOD FAITH.

All DnS tOUerence with Attorney -Gseneral
BOnaparte Over the Matter or Prose-
cutting the Railroad Immunity was
b Promised ia That Now BindInx7
WASHINGTON, Aug. ls.-There was an all
day conference at the Department OF Justice
to-day on the question Of the Chicago and
Alton rebate cases, with special reference
TO the question whether the immunity
from prosecution which was promised to
that railroad by ex-Attorney General
Moody is still binding upon the Govern
ment. Federal Judge Kenesaw M. Landis,
who imposed the big Standard Oil fine at
Chicago, holds that It is not binding, and
he is supported in this opinion by +. W.
sims, the United States District Attorney
in Chicago who helped prosecute the Stand
ard Oil Company Of Indiana and who stands
ready to prosecute the Alton.
c. w Morrison. the predecessor Of Mr..
Srns in the District Attorneys office and
srbse luently employed ~ special counsel
Tor the Government in the Standard Oil
and Alton cases, takes the opposite ground,
immunity which he. with the approval of
ey-Attornsy- General Moody, promised was
Of the broadcast character. The leading
legal and freight traffic officers Of the Alton
declare, Of course, that the railroad COM
pany is immune. All these persons. besides
Mr. Wilkcrson, another Government at
torney concerned in the prosecution OF the
Standard Oil, took part in the conference
with Attorney-Genersl Bonsparte to-day.
IL vas II O'Clock before Mr. BoEacarte,
who had spent Sunday In Maryland. reached
the Department Of Justice. but the con-
ierences began almost Immediately, a,d
they continued until after o'clock this
evening, with an hours interruption for
luncheon. Atsbout that hour the Attorney
General who declared two or three days
ago that he had been talking too much
recently, gave out the following statement:
The Attorney General to-day saw Dis
trlct Attorney Sims, special Assistant At
torney Wilkerson. together with former
Assistant Attorney Nor ison. and also
attorneys for the Chicago and Alton Rail-
road At the cioee Of the conference.
which lasted nearly all day. Attorney
General BonaT a-to said that there was no
sta tement that he could make in regard
To the matter until after he had made a
further communication 20 Judge lands.
He expects to communicate with tho Judge
without delay"
The Alton o.'cials who saw the Aiiornsy.
General were Robert Mathor, general
counsel; Ralph NJ. shaw. also Of the legal
department.; r. \. Holland. freight tariff
clerk, and J. NJ. Howard. freight claim
agent. These men did not meet Mr.. Bona
parte uutii late m ttiS afternoon. as they
were not admitted to the conference be-
tween the Attorney General and Messrs.
Sims, Morrison and Wilkerson. which
IA sted several hours
The whole question al issue was whether
he Chicago and Alton acted In good faith
while giving testimony in Judge Landss
court to assist in the prosecution OF the
Standard Oil Company Of Indiana. Although
Judge Landis instructed the Federal Grand
Jury, after the imposition OF the big fine
on the Standard. to proceed TO take up
the evidence against the Chicago and Alton.
the District Attorney is subject to instruc-
tions from the Attorney General and il
remains for Mr. Bonaparte to say whether
the Government shall proceed to prosecute
the Alton road.
The Attorney General has given no in
tmation as 10 what he will do in the matter,
hut til Alton officials this afternoon argued
strongly that they had acted in entire good
Faith while giving testimony against the
Standard OH Company. As to the state
NETT that immunity was promised AMI
thai the immunity was of the most com
're,nsive charaeter there is no longer
any doubt, and IL is solely question
whether the railroad authorities fulfilled |
lheir part Of the bargain to the best OF |
their ability
l. vii cause no surprise II the Attorney I
General deoides that the immunity promise |
j. not binding, but no statement on the |
= lhlnct could he obtained from him to-day.
bIstric; Attorney Sims brought with him ,
10 Washington transcript Of the record |
~ the Standard Oil case showing the char
A"'er Of the testimony given by the Alton
cihcia's who were called on 70 take the
$ md for the Government. and il il supposed
that the District Attorney pointed out 10
MIR BOnaparie several instances in which
the answers of Alton officials we're un-
ss is'actOry TO him.
II is probable that a conclusion will be
reached within few days. The Govern
mont wishes 10 dispose OF the matter as
soon as possible because some of tn
charges against the Alton road will soon
expire by reason Of the statute Of iimita-
tlons