The Washington herald., 1907-08-20

There was en- all-day conference at the
Department Of Justice yesterday on the
question of the Chicago and Alton rebate
cases. with special. reference TO the ques-
ion whether the immunity from proseeu-
don which was promised to that railroad
by former Attorney General Moody is
still binding upon the government.
Federal Judge Kenesaw NJ. lands, who
imposed the big fine at Chicago. holds
that II is not binding; and he is supported
in this opinion by E ". Sims. the United
States district attorney at Chicago. who
helped prosecute the Standard Oil Com
pany of Indiana, and who stands ready
to prosecute the Alton.
Morrison. the predecessor Of Mr.. Sims
in the district attorneys Office. and sub
/ sequently employed as special counsel
for the government in the Standard OIL
and Alton cases. takes the opposite
ground; at least TO the extent of declaring
that the immunity which he. with the ap-
proval of former Attorney General Moody.
promised, wac Of the broadest character
The leading legal and freight traffic Off
| GERS Of the Alton declare OF course. that
the railroad company is immune. All
these persons. besides Mr.. Wilkerson.
/ another government attorney concerned
in the prosecution Of the Standard OIL
| took part in the conference with Attorney
General Bonaparte yesterday.
Conference Lasts All Day.
It was Il o'clock before Mr.. Bonaparte,
who had spent Sunday in Maryland.
reached the Department of Justice. but
the conferences began almost immedi-
ately, and they continued until after 6
o'clock last evening. with an hours in
! terruption for luncheon. At about that
hour the Attorney General, who declared
two or three days ago that he had been
talking too much recently, gave out the
following brief statement:
The Attorney General to-day saw Dis
trict Attorney Sims. Special Assistant At
! torney WHkerson. together with former
Assistant Attorney Morrison. and also at
/ torneys for the Chicago and Alton Rail-
road. At the close Of the conferences.
which lasted nearly all day. the Attorney
General said that there was no statement
that he could make in regard TO the mat
ter until after he mad made a further
communication TO Judge Lands. He ex-
poets TO communicate with the judge
without delay"
The Alton officials who saw the At
torney General were Robert Mather. gen
eral counsel: Ralph NJ Shaw, also of
the legal department; F. S. Holland.
freight tariff clerk, and J. NJ. Howard.
freight claim agent These men did no,
meet Mr.. Bonaparte until late in the af-
ternOon, as they were not admitted to the
conference between the Attorney en-
eral and Messrs. Sims. Morrison. and VIII
kerson, which lasted several hours.
Question at Issue.
The whole question at issue was wheth-
er the Chicago and Alton acted in good
faith while giving testimony in Judge
Lands court to assist in the prosecu-
ton of the Standard OH Company of
Indiana. Although Judge Lands in
structed the Federal grand jury, after
the imposition of the big fine on the
Standard, TO proceed TO take up the evil
dence against the Chicago and Alton. the
district attorney IS subject to instruc-
tiOns from the Attorney General, and II
remains for Mr.. Bonaparte to say wheth-
er the government shall proceed 10 pros
ecute the Alton road
The Attorney General has given no inti-
nation as TO what he will do in the mat
ter; but the Alton officials yesterday aft
ernoOn argued strongly that they had
acted in entire good faith while giving
testimony against the Standard Oil Com
pany. AS to the statement that immunity
was promised TO the Alton, and that the
immunity was Of the most comprehensive