The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-11-22
Has Legal Talent of the De
partment,Of Justice
Guessing"
MAY HAVE SECURED
AN IMMUNITY BATH
Bringing of Criminal Action Would
NeCessitate First a Long
Legal Battle.

Present indications are that it will re-
quire something more than "a can-opener
to pry from the Department Of Justice
an expression of opinion as to how tar
John ID. Rockefeller's testimony in the
dissolution hearing will work to his ad-
vantage or disadvantage.
If the OH King hasn't secured an inn
munity bath, he has at least turned
trick on Uncle Sam. In the language
OF the street, he has the legal talent
Of the department Of justice guessing.
Although the Attorney General does
not conCede in the slightest degree the
possibility OF any disadvantage 70 the
Government arising out OF the New
York examination, he declines to speci-
hCaIly commit himself. one reason for
this retiCenCe is that any such decIara-
ton might carry with IL the superstition
that the Government had in cOntempla-
ton the bringing OF criminal proceed
ings against Rockefeller.
While il is a fact that all through this
litigation it has been the policy OF the
Government 10 steer clear Of any action
that might deny It the fun use of the
legal remedies, II is no secret that the
Department Of Justice has ever kept In
is mind the possibilities Of disclosures
in 1he Standard oil suit that might war
rant proceedings cf another kind.
Immunity Law.
The whole trouble with this situation
Is that the immunity law has never re-
ceived a high judicial Interpretation. In
asmuch as its intent was clearly 20
aid justice and not defeat its ends. high
officials. in discussing the law in q
general way, pooh pooh any suggestion
that one OF the defense's witnesses
could. by his testimony. secure immu-
nifty FROM punishment which the de
velopments Of a case showed was fully
due
Rockefeller did not appear on the
witness stand purely in his own behalf.
IL was for the Standard OIL concern,
and the absolute right OF a defendant
10 summon witnesses cannot be ques-
toned. The neglect OF the Government
TO profit by his presence might have
meant the ultimate failure Of the disso-
luton suit, according 90 a high official
today. Strike while the iron IS hot
and let the future take care OF ITSELF
is the motto adopted by the Department
Of Justice IN this particular instance.
Situation Now.
Summed up. the situation is this. IT
John d. had not taken the witness
stand the question OF whether he had
been given an immunity bath could not
have been raised. Now that he has
testified il will necessitate a protracted
legal battle I'm the event that the Fed
eraI authorities desire TO institute pro
ceodings against him or other officers
of the Standard OH trust.
The natural method would be an in
dictment. The defense TO II would be
immunity from prosecution under the
law. Then would follow the legal tight
and final Interpretation
Although il is not admitted at the De
partment OF Justice that this question
has been considered by the Attorney
General and Special Counsel Kellogg. IL
is known that il has been carefully can
vassed, with the understanding that I'M
less unforeseen developments neCesSi-
tate other action. the plan above out
lined will be followed