Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1907-09-06
DEPARTMENT WAITING
FOR MORE EVIDENCE
District Attorney Has Discovered
New Facts Which Caused Him
to Act Otherwise Than Dl-
reCted by B0ndpdrte'S
Letter.

LenoX, Mass, Sept. Elm referring
to the continuance for three weeks
of the grand jury investigation of
the rebating cases against the Chi
cago. * Alton railway, in Judge Lam
dis court in Chicago, Attorney GEN
eral Bonaparte today stated that he
does not understand why Attorney
Sims did not read a letter written
by the attorney general bearing on
this case, to the grand jury last Tues
day but he believed Sims had some
good reason for not so doing.
The attorney generals statement
follows:
"On August II Judge Lands ask
ed, in substance. thas the department
of justice consider portions of the
transcript of testimony in the case of
the United States against the Stand
ard Oil company of Indiana, in or
der to determine whether the Chi
cago & Alton railroad company, its
officers and employees, were entitled
to the benefits of an agreement assur-
ing it and them of immunity against
criminal prosecution in connection
with the granting of certain rebates
TO the standard Oil company.
Agreement Was Made.
THE department, in compliance
with the desire of Judge Landis ex-
amined the above mentioned records
anu lllNtSllSdlOu lnc
subject, and as a result of such in
vestigation. the attorney general on
August 20, wrote to Edwin w. Sims,
United States attorney at Chicago,
informing him in substance that the
agreement was shown to have been
made in June or July, 1905, by It.
b. Morrison, Mr.. Sims predecessor
in office; that Mr.. Morrison's action
appears to have been duly authorized
at the time by the department; that
in the opinion of the department the
arrangement had greatly facilitated
the indictment and conviction of the
Standard OIL company, and that
while certain portions of the evidence
might be fairly open to unfavorable
comment the department regarded
the government as bound in good
faith, and also as a matter of public
policy, to give effect to the agree
ment,
Left TO Sims.
'rMr. Sims was instructed to read
this letter when the grand jury re-
convened on September 3, and to
take such further action to the fore
going as might seem to the court,
and to himself, appropriate in the
premises.
THE department learns that Mr..
Sims did not comply with these in
structions by reason of having had
called TO his attention very recently
certain new, and in his judgment,
material facts. which he thought
should be submitted to the depart
ment for it's further consideration be-
fore its conclusion should be finally
announced. For this purpose he
asked and was granted by the court,
delay of three weeks. The depart
ment is not vet advised as to what
are the facts thus ascertained by Mr..
Sims.
1T has great confidence in his
sound judgment and his devotion to
duty, and 1t awaits his reply before
taking further action in the premises.
Inasmuch, however, as the circum-
stances Of the case may be liable TO
misconstruction. 1t Is deemed prop
er to submit now the present state
ment to the public"
Sims Discovered New Facts.
Chicago, H., Sept. edwin S.
Sims, u. S. attorney today stated
that his failure to read the letter to
the grand jury had been owing to-
his having discovered some facts
within a few hours before the meet
ing Of the jury. and for that reason
he had that body adjourned for three
week, by Judge Lands consent. Mr
Sims viii go To Washington at once
% submit his facts to the attorney
general.