New-York tribune., 1908-05-06
OLER SEEKS ICE WRIT
TO BLOCK NEW INQUIRY.
Declares attorney General Has Er
hausted POacer from GOUern0r.

The American Ice Company. through Wesley NJ
oier fits president. began late yesterday a tWeiith
hour attempt 10 prevent another grand jury inNes
tigation by applying the Appellate Division Of
the Supreme Court for alternative writ OF Pro
hihition against Attorney General Jackson and the
grand jury. directing them TO refrain from further
proceedings against the company Justices Laugh
lin. Ingrahan, Houghton and Scott oIdered the
petition submitted to the court without argument
and decision may be announced to-day
in his petition Mr.. Oler asserts that the Attor-
ney General has power TO proceed further
against the company its officers and that Gov
ernor Hughess authorization 10 him TO proceed
against the company cannot be interpreted to mean
thar Mr. jackson is authorized 10 submit the case
70 q second grand jury The fact that James w.
Osborne. Special Deputy Attorney General, exam
ined eacn grand juror before accepting him. Mr.
Oer alleges. makes the new grand jury mot
lawfully constituted body"
i is asserted also that the Attorney General has
new facts 10 warrant re-subnission OF the
case An unusual feature in the form of order
asked for is that is directed the members Of
the grand jury and Justice Goff, who. al the
quest Of Nr. jackson, issued the order 10 draw
and SUMMON the grand jury. The grand jury
throughout the petition is referred TO al
legged grand jury
Mr.. Oler made the petition in his own name, that
Of his company, and also in the name of the peo-
pie Of the State Of New York After relating the
history OF former grand jury proceedings against
the American Ice Company, the petition sets forth
pose Of having submitted TO II all the evidence
that had hitherto been submitted any grand
jury against the Ice Trust in the hope that an
indictment might be found II that such
-resubrission by the Attorney General his repre-
sentstives would invadate all the proceedings
taken in the premises by said alleged grand jury
The petition presented by Joseph Auerbach-
Justice tIon charged yesterday morning the grand
1Try that unless Mr. Oilers petition is granted
VII investigate the affairs Of the American Ice
Company. He teld the jurors that sometimes the
grand jury oath regarded with sufficient
ss1edness. He said that, although from time 70
tine private matters and personal interests mad
crept into the grand jury room. Yet on the whole
the grand jury Of the most honorable
bodies in connection with the law. Justice Gof
read the oath and then said:
Some men take benevolent views of the matters
placed before the grand jury, which is wrong and
in violation OF their oaths. but / do not believe
Of you gentlemen would be deferred from
making n presentr1Ient through fear or favor. u
sometimes happens that grand juror Will permit
his Judgment TO he affected because the matter
under consideration strikes upon a particular
stratum o. society or certain class OF people
He told them that sixteen constituted
quorum and warned them that quorum must
hear all the evidence submitted I must caution
YOU" he added. that If at any time you feel
called upon order the presence before your
BODY Of the accused in any matter, il viii he
well 70 invite and not summon tha- person"
After hearing the charge the jurors organized.
snd then M Osborne laid dOcumentarE
evidence before them. The next session will be
held today.