The Montgomery advertiser., 1907-09-25
IMMUNITY
 IS GRANTED Chicago and Alton Case Dropped. BONAPARTE'S LETTER READ Judge Landis Refuses to Discharge
 Jury as Requested. President Moffett Says If Standard Company Is Guilty, So Are All
 Manufacturers-He Must
 Prove It Now.

Chicago. Sept. 24.---It was decided to- day by Judge Landis, in the United States District Court. that the Chicago and Alton Railway shall not be fur ther prosecuted for it's connection with the Standard oil Company In the granting of rebates between Whiting. Ind. ,,and East St. Louis. III.
 It was claimed by Attorney General Bonaparte, whose letter was read to the court by District Attorney Sims, that Mir. Morrison. the predecessor of Mir. Sims in office. had promised im- munity to the Alton road provided 1t assisted in good faith in t9s prosecu- tion of the Standard oil Company. The Attorney General therefore claimed that 1t was the duty of the govern ment to stop further steps toward the punishment of the railroad for it's part in the granting of the rebates. being taken. The Attorney General asked that the grand jury. which had been summoned at the instance of Judge Landis to investigate the Alton Raii- road. be discharged.
 Judge I4andis, in statement which required fully thirty minutes for deliv- cry, declined to discharge the jury. but instructed its members that they had no further duty to perform in connec- ton with the Chiosgo and Alton Rail- road.
 The court then called attention to a statement recently issued by Presi- dent Moffett of the Standard oil Com. pany of Indiana, in which 1t was claimed that if the Standard oAI Com pany was guilty of receiving rebates so other manufacturer was innocent, The court directed the jury to investi- gate the conduct of other manufacture CTS and ordered that a subpoena should be issued for President Moffett.
 Bonmparte's Letter.
 The letter of Attorney General Bona parte which was read in court. was as follows:
 ..Edwin w. Sims, United States Attor-
 ney. Chicago. III.
 'Sfr:--when the special grand jury summoned to investigate charges against the Chicago and Alton Railroad Company shall again attend. in accord unce with the courts 0rder of the 3rc inst. you are Instructed to very re- sepctfully inform the court that thii department has most carefully consid- cred and again reconsidered all aspects of the case, and is unable to find any sufficfent reason for other action on its part, than was indicated in the letter bearing the date of August 10 last from the Attorney General to Hon. K. M I.andts and to which Judge Landis re- ferred to in his remarks to the grand jury on August 14.
 'sYou will assure the court that this departments thoroughly appreciates tht force and cogency of the reasons whtct caused it's request that the record oi testimony in the case against tho Standards oil Company of Indiana, bt gcrutinized by this department. and | a hfehtU nnnrnnTiakf character of the said request under th' peculiar circumstances of this unusua case.
 Privileges of AccOmpIice.
 "In this case the department has duly considered as you are aware, the in teresting and pertinent facts whicf lead you to ask the postponement and in It's desire to carry out thorough, the wishes of the court. has gone ovel again the testimony of all the wit nesses then in the employ of the Chi cago and Alton road who testified a the trial of the Standard oil Compan! of Indiana and having so done. it re spectfully reports to the court, throusl you, that although the facts render such a scrutiny clearly appropriate and, although some parts of the evi dence are undeniably open to advers' criticism, the most perfect good faiti requires the government OA llS OhAh~N states to accord to the Chicago anC Alton Railroad Company the privileges granted an aecomplice, who becomes witness for the prosecution. The ex tent of these privileges are discussed at great length in the whtskey case' ana may be regarded as well settled In the language of MT. Justice Clifford in the above mentioned case: The ac conpiice acquires only an equitable right to the clemency of the executive which as Lord Mansfield said, rests or usage anI the good behavior of the ac compiice, woh in proper case will b' baiIed by the court in order tARt h' may apply for the pardon to Whicf he is equitably entitled.
 Should 1t be objected that the ap' plication may not be successful th' answer of the court mast be in sub stance that given by Lord Denman or A similar occasion, that We are moi to presume that the equitable title tC mercy which the humblest and mos criminal accompliee may thus acquire hv testifying to truth in Fedora court will not be sacredly accorded tC him by the President, in whom the par donfng power Is vested by the Fedora constitution
 Asks Jury'a Discharge.
 The department has felt that its high regard for the court and It's sense of importance and delicacy of the in ouiry requested 'of 1t by the order oi August IA forbade that inquiry should he committed to any subordinate however competent or trusted The subject has. therefore, re eeived throughout the personal atten- tion of the Attorney General Having submitted the foregoing report. expla nation and statements of the depart ment to the court, you will thereupor respectfully move the court that th' special grand jury be discharged from further consideration of the above men. tioned subject matter and you will i'm mediately report to the department vour action in the premises and any which may be taken thereon by tho court.
 Yours respectfully,
 Charles J. Bonaparte,