The Detroit times., 1909-04-15
ARM Or LAW STRUCK
DOWN BY ACTION IN
BEEF INQUIRY
Attorney.G eneral Wickersham's
Course in Killing Cases Against
Chicago Packers Will Have De-
pressive Moral Effect.
Beef Trust Prosecution Was Biggest
Rebate Case Pending When
Roosevelt Left Office.
--INTERsTATE COM. OFFICIAL.
BY gibson GARDNER.

BY gibson GARDNER.
WASHINGTON, April 16.-By one
| stroke OF the pen. Geo. w. Wicker
sham, formerly personal attorney fol
J. p. Morgan. and partner OF Brother
Heny Taft, Wallst.. New York, and
now attorney general OF the United
| states. has brought TO naught months
OF patient work in the beef trust re-
bate cases.
Under Roosevelt, James X. Garfield
was secretary OF commerce OF labor
and he gathered vast amount of evil
dence against the beef trust. This
was turned over TO United States Dis.
trict Attorney Sims OF Chicago and
! presented o he federal grand jury for
| Indictment.
The work OF preparing and present
| ing the evidence had not been con-
l cluded when Roosevelt went out OF
office on March 4. Now Wickersham
has addressed letter to the beef trust
/ Rims saying that no public service
| will be served by pressing the suits.
1 because he feels sure the trust did not
intend 10 do wrong.
The beef trust prosecution was the
biggest rebate case pending when
Roosevelt left office. Carried TO its
| logical conclusion II would have meant
the trial of number of prominent
and rich Chicago men interested In
| packing business--a trial in which
| conviction would have meant fines
and Jail
One might reasonably suppose that
/ the grand fury I'm Chicago and United
States District Attorney Sims in
/ charge of the case would be the best
Judges OF the evidence which has been
heard during the last tire months.
indeed lawyers are not wanting who
look upon the action of Attorney Gen
erel Wickershanr as clear usurpa-
ton OF authority. In any case IL Is a
straining of the law To protect the
members of the beef trust from threat
ened criminal prosecutions.
Sees No Unlawful intn.
The eason for his acton. as given by
Attorney General Wickersham. IL his
belief that members of the beef trust
had no intent to violate the law, He
says:
1T does not clearly appear that
YOUR company intended to-use this
method OF computing the cost value
OF it's product as a device TO affect the
charges OF the carriers transporting
such product. and the department does
not believe that any public service
would be rendered by making at this
time a test case of past transactions
Attorney General Wickersham Is not
frank with the public. This case Is
by no means a test case; nor even a
/ first offense. Morris a. Co. and the
other three large packers OF Chicago
were prosecuted under indictments al
most exactly similar to these now be-
ing quashed. and each company was
fined $4,000 and paid the fine.
This case went on appeal to the
United States supreme court. where,
without any division OF the bench. the
conviction were sustained. This very
point OF criminal intent in such cases
was settled by the supreme court in
these words:
There Is q class OF cases within
which We think the one under consid-
Grafton falls, where purposely doing a
thing prohibited bv the statute may
amount to an offense." (Armour
Packing Co VIZ. the United States. 209
u. s. at page S.
And now these are the same people
charged with again doing the same
, hing. And the supreme court has al
ready disposed OF their intent defense
No use TO appeal to that court again
but Wickersham intervenes,
Morris, Armour. Swift and Cudahy
these firms are old offenders. The
Salcts for which Wickersham gives Inn
munity were committed, in many in
stances, since the decision or the
aforementioned case by the United
states supreme court. They were
concealed by the companies by their
practice of keeping "A secret as well
as a public set of books.
The immunity thus extended by At
torney General Wickersham would. in
q private person, SAVIOR OF compound
ing OF a felony.
Whether or not this Is too harsh, IL
Is at least remarkable that prosecu-
tons begun months ago under the pre-
vious administration should not be
permitted to take their natural course
1.-THE evidence proved insufficient
there would be no indictments. In
any case. II the evidence at the trial
was not sufficient the defendant would
lie indicated This arbitrary dismiss
al OF the whole investigation and COM
plaintiffs wholesale suspension OF
he federal rate law In favor of the
packing trust--ssomewhat l startling
as an example OF upholding the Roose-
welt policies.
RooseveIt's Policies Buried.
"If this Is carrying out the Roose-
welt policies" said a member of the
interstate commerce commission to
me, deliver me from having them
further carried out"
Another member OF the interstate
commerce commission said:
1T IL the moral effect OF this action
OF the attorney general which is most
TO be. deplored, with an example OF
this kind before them II Is not TO be
expected that prosecuting attorneys
throughout the country are going to
display much zeal I'm the preparation
or Inauguration OF new cases. The
arm OF the Chicago prosecuting official,
raised to do his duty. has been struck
down, not by the common enemy. but
by his own chief; by the new attor-
ney general OF the United States.
Let no one suppose that the secret
rebate has ben wiped out Hundreds
Of Thousands OF dollars are paid every