Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1907-09-07
PARDON FOR ALTON IF
JUDGE lands
CONv|CTS
Roosevelt Will Possibly Act
in Immunity Case Before
Trial If occasion
Arises.
u. S. ATTORNEY sims
MAY Be REMOVED
Bonaparte Is After His Scalp But
II Is Rumored That Attorney
General Himself May Lose
His Official Po-
SitiOn.

Washington, ID. c., Sept. Ill
Judge Lands insists upon a prosecu-
ton of the Chicago and Alton road
he can succeed in having the road
indicted. tried and possibly convicted.
If he does so the president Will par
don the officials convicted Inc
president of the United States would
seriously consider the pardoning be-
fore trial of the officials if Judge
lands insists upon their indictment
and attempts to carry forward their
prosecution, instead of extending
them immunity as contemplated and
desired by the administration.
If Mr.. Sims the United States dis
trict attorney at Chicago, persists in
his determination to evade the in
structions of the attorney general and
won't dismiss the grand jury and re-
sists immunity for the railroad, he
will be dismissed from the govern
ment service and his successor ap-
pointed.
While the climax may witness the
discharge of Mr.. Sims before the Al
ton controversy is closed it is not i'm
probably that Mr.. Bonaparte himself
will be asked to withdraw from the
cabinet at Washington.
Mr. Sims holds the confidence OF
President Roosevelt, but 1t may be
that in the interest of the judiciary
he will have to go.
The administration Will not act un-
til convinced that the district attor-
ney has fully made up his mind not
to follow the instructions given him.
Fears Bad Example.
1t becomes evident that a part OF
the interest taken by the administra-
tion in the immunity of the Alton
arises from the fact that it has pro-
ceeded along the same lines as in the
Standard Oil company case to secure
a conviction and indictment of other
concerns it is after. The admins
tration sees that in the event of fall
ure to carry out its immunity prom
Use to the Alton 1t will fail to secure
desired evidence from the other con-
Germs to which it has made similar
promises.
The proposition that the president
will pardon before trial, while SEEM
ingly unusual and startling, is not so
much so, in the view Of department
of Justice officials, when it is remem-
Sered that there are direct precedents
in a number of states where men
have been pardoned before tried or
convicted. 1t is said the department
of justice, law authorities have dis
covered authorities both in Kentucky
and Kansas. and that the president
will not hesitate to act If necessary to
carry out what he believes to be a
promise binding upon his administra-
tion.
Sims May Go anyway.
The removal of Sims, unless he can
make some new and strong represent
tations to the attorney general, seems
to be we'll decided upon in the inter-
est of discipline, and to show the sin
cefity of the administration in its ef-
forts to carry out its pledges 1t is
admitted that Judge lands may, il
he chooses, appoint his own prose-
cutting officers and secure the desired
indictment, and may also try to con-
duct a trial.
For the first time today the argu-
ment on the side of Judge Lands
was secured. 1t was to the effect that
no harm could be done by the in
dictment of the Alton. and that il
would be a good club" to hold over
the road in the event further test
mony was desired from the officials
of the road, and that they might, if
given immunity at this time. have
some surprising memory lapses in
future. In other words, Judge Lam
dis il reported as holding that while
II may be decided necessary to grant
immunity at some future time, no
harm can be done by indicting the
road within the period when the stat
ute Of limitations does not run, and
then exercising deliberation in dis
missing or quashing the indictments.