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The Comffloner.
VOLUME 7, NUMBER 35
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TIB DEATH of Judge .John J. Jackson on
Labor Day was a coincidonco that was noted
1jt thousands of the older members of American
trades unions. Judge Jackson earned the
sobriquet of "the iron judge" by reason of his
.many drastic injunctions against union men.
In his anxiety to protect property rights Judge
Jackson often lost sight of human rights. It
was ho- who sent "Mother" Jones to jail for
daring to make a public address in violation of
his injunction, and he enjoined a Methodist
preacher from conducting a prayer meeting of
striking coal miners in Pennsylvania. At an
other time he enjoined striking miners from
walking the public highways to and from meet
ings of their local union. The abuse of the in
junction writ was forcibly demonstrated by
Judge Jackson on many occasions. He was the
last of the federal judges appointed by Presi
dent Lincoln. He resigned a few years ago on
account of ill health and advancing age.
A BOISE, IDAHO, dispatch carried by the
Associated Press follows: "The indict
ment returned last April by the federal grand
jury against Senator William E. Borah, and
other prominent men charging conspiracy to de
fraud the United States government was served
on the defendant, Borah, todays Besides Sen- ,
ator Borah, Frank Martin, attorney general of
.Idaho during Governor Steunenberg's adminis
tration; S. G. Moon, millionaire, stockholder of
the Barber Lumber company, residing in Wis
consin; J. L. Wells, P. H. Downs, John Kinkaid,
L. M. Prit.chard, William JSweet, Albert M.
i Palmer and H. S. Rand are named in the indict
ment: The indictment charges them with hav
ing entered into an unlawful combination in
September, 1901, to secure by fraudulent means
timber lands in Boise county. Senator Borah
. .has been accorded the privilege of a separate
"nrial."
O
THEODORE E. BURTON, now a member of
congress, has issued a statement saying
that he is willing to accept the republican nom
ination for mayor of ' Cleveland, Ohio. Mr.
Burton's statement follows: "I will accept the
nomination for mayor of the city of Cleveland,
provided assurance is given: First, that the
platform of the party and those who are to be
its candidates will clearly show that absence
of any alliance or affiliation with any public cor
poration or street railway and that the problem
"of the relations of the municipality to the com--panles
can, under my leadership be settled by
the official selocted with supreme regard for the
interests of the people. Second, that the dele
gates in the convention next Saturday will co
operate with me in nominating a good repre
sentative ticket. It is my understanding that
others whose names have 'been mentioned for
the mayoralty nomination have kindly consented
to waive their claims, in case my name is pre
sented to the republican convention. I make
this statement with a feeling that the step which
I atn taking is a duty. I have received letters
from President Roosevelt and Secretary Taft
and have talked with Secretary Garfield, whose
opinions have aided me in reaching a decision
At an early date the views of each of them may
be made public." At the republican city con
vention Mr. Burton was nominated.
WHEN THE Chicago and Alton immunity
question came before Judge Landis after
the postponement an interesting scene took
place. A Chicago dispatch describes it in this
way: "The special grand jury had assembled
-when District Attorney Sims caused a surprise
that took on the proportions of a mystery. Turn
ing to counsel, Judge Landis asked: 'Have you
gentlemen any matters for my consideration this
morning?' Instantly District Attorney Sims
arose and replied: 'I am here, if the court
please, in the matter of the special grand jury
investigation, and in that matter t wish to ask
for a postponement. In compliance with the
suggestion of the court, made at the time of
the convening of the present grand jury, the
facte and circumstances in connection with the
matter under investigation have been submit
ted to the department of justice and I had ex
pected to be able to report to the court this
morning its views and findings. Very recently,
however, a situation has arisen which in my
judgment makes it very desirablo that I have
time to submit to the department certain facts
and circumstances in addition to those already
submitted. For these reasons I have the honor
to request that further action in the matter be
postponed for three or four weeks. I regret
the necessity for asking the court for this post
ponement, but it seems to me in view of what
1 know in connection with the caso to be un
avoidable.' 'How much time do you want?' in
quired the judge. 'I think not less than three
weeks three or four weeks. It seems to me
highly desirable that when the matter is again
called we be able to take definite action on it.
Three weeks from today will be the 24th.' 'You
may inform the grand jury that they are at
liberty to take a recess until 10 o'clock on the
morning of September 24,' concluded Judge
Landis. That was all the court proceedings.
Neither Judge Landis nor District Attorney Sims
believes the Alton acted in 'good faith' and the
evidence of a traffic clerk is cited to substantiate
this opinion. The utterance 'very recently, how
ever, a situation has arisen,' is a mystery to
the railroad attorneys who were deeply disap
pointed at the court's action. After court ad
journed, Sims said: 'I ca'n not now say more
than I said to the court. It is true that matters
came up recently, very recently, which, must be
referred to the department of justice before final
action in this case. In fact, I did not, determine
definitely to make the motion I entered until
thirty minutes before the opening of court.'
Judge Landis was seen in his chamber. 'I am
going fishing,' was his first comment on the, case,
but later said.' 'I don't know as much about
what the district attorney has in his mind, I
suppose, as you do. But if I did know I wouldn't
toll you, because it's a matter that still is before
me.' "
THE STORY of the immunity sought to be
granted the Chicago and Alton Railroad
company for its part in the offense for which the
Standard Oil company was fined $29,000,000
promises to attract public attention for some
time to come. Attorney General Bonaparte has
issued this statement: "On August 14 Judge
Landis asked, in substance, that the department
of justice consider portions of the transcript of
testimony in the case of the United States
against the Standard Oil company of Indiana in
order to determine whether the Chicago and
Alton Railroad company, its officers and em
ployes, were entitled to the benefits of an agree
ment assuring them of immunity against crim
inal prosecution in connection with the grant
ing of certain rebates to. the Standard Oil com
pany; The department, in compliance with the
desire, of. Judge Landis, examined the above men
tioned records and carefully investigated the en
tire subject, and as a result of such investiga
tion the attorney general on August 29 wrote
Edwin W. Sims, United States attorney at Chi
cago, informing him in substance that the agree
ment was shown to have been made in June or
J,uly, 1906, by C. B. Morrison, Mr. Sims'' prede
cessor in office; that Mr. Morrison's action ap
pears to have been duly authorized at the time
by the department, that in the opinion of the
department the arrangements had greatly facili
tated the indictment and conviction of the
Standard Oil company, and that while certain
portions of the evidence might have been open
to unfavorable comment, the department re
garded th.e government as bound in good faith
and also as a matter of public policy, to give
effect to the agreement. Mr. Sims was. instruct
ed to read this letter when, the grand jury re
convened on September 3, and to take such
further action to the foregoing end as might
seem to the court and to himself appropriate
in the premises. The department learns that
Mr. Sims did not comply with these instructions
by reason of. his having had called to his atten
tion very recently certain new, and, in his judg
ment, material facts, which lie thought should
be submitted to the department for Its further
consideration before its conclusion should bo
finally announced. For this purpose, he asked
and was granted by the court, a delay of three
"weeks. The department is not as yet advised as
to what are the facts thus ascertained by Mr.
Sims. It has great confidence in his sound judg
ment and devotion to duty, and it awaits his
report before taking further action in the prem
ises. Inasmuch, however, as the circumstances
may be liable to misconstruction, it is deemed
proper to submit now the present statement to
the public."
A MOST INTERESTING prophesy in this con
nection is made by the Washington cor
respondent for the St. Louis Globe-Democrat
who says: "If Judge Landis insists upon a
prosecution of the Chicago and Alton road ho
can succeed in having the road indicted, tried
and possibly convicted. If he does so the presi
dent will pardon the officials convicted. The
president of the United States would seriously
consider the pardoning before trial of the officials
if Judge Landis insists upon their indictment
and attempts to carry -forward their prosecution,
instead of extending them immunity as contem
plated and desired by the administration. U
Mr. Sims, the United States district attorney at
Chicago, persists in his determination to evade
the instructions of the attorney general and not
dismiss the grand jury, and resists immunity foe
the railroad, he will be dismissed from the gov
ernment service and his successor appointed.
These facts were pretty well established hero
today. In addition, it wad learned that Mr.
tSims was called uponoy the attorney general
Yesterday to make an immediate telegrahic ro
'pdrt as to 'why' he failed to carry out the in
structions given him and insist upon the dis
charge of the grand jury now considering the
Alton case. He made a telegraphic report to
Mr. Bonaparte at Lenox, Mass., but this was
not at all satisfactory to the attorney general,
who has ordered him to make a further report.
The administration will not act until convinced
that the district attorney has fully made up his
mind not to follow the instructions given him."
THIS SAME republican authority further ex-
plains: "It becomes evident that a part
of the interest taken by the administration in
'the immunity of the Alton arises from the
fact that it has proceeded along the same lines
'as in the Standard Oil company case to secure
a conviction and indictment of other concerns
it is after. The administration sees that in the
event of failure to carry out its immunity prom
ise to ttte' Alton it will fail to secure desired
evidence from the other concerns to which it
has' made similar promises. The proposition
'that thf president will pardon before trial, while
seemingly unusual and startling, is not so much
so, in. the view of department; of justice officials,
when 1t is -femembered that there are direct
precedents "in'a number of states where men
bhttv&'been pardoned before trial" or convicted.
K is- said the" department of justice law authori
ties have discovered authorities both in Ken
tu6ky and Kansas, and that the president will
not hesitate To act if necessary to carry out what
fie believes to be a promise binding upon his
administration. The removal of Sims, unless
he can make some new and strong representa
tions to the attorney general, seems to be well
decided upon in the interest of discipline, and
to show the sincerity of the administration in
.its efforts to. carry out its pledges. It is admit
ted that Judge Landis may, if he chooses, ap
point his own prosecuting 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 Landis was secured.
It was to the eXCect that no harm could be done
by the indictment of the Alton, and that it would
be a good 'club' to hold over the road in the
event further testimony was desired from the
Qficjals of-Jlxe road. It was said In behalf of
Judge Landis that in case his decision was re--manded
for rehearing, it would then be desired
to have the testimony of the officials of the road,
and that- they unight-,- if- givenmmunityi'a't' thi3
time,- have some surprising memory lapses to
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