The commoner. (Lincoln, Neb.) 1901-1923, October 04, 1907, Page 9, Image 9

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0CT0B3R 4, 1907
The Commoner.
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it or not, Mr. Burton Is yoked to an indefinite
program of five-cent fare. The questidn of fares
is all he sees to the problem. The monopoly
which for seven years has controlled the repub
lican organization will not permit Mr. Burton to
see more than this. But the question is gov
ernment by the people or government by prlv
leged wealth."
THE AMERICAN representatives at The
Hague took the proper stand when they
made an effort to prevent tho use of the navy
for the collection of debt. Speaking on this
subject in his Madison Square address, Mr.
Bryan said: "I venture to suggest that we
may not only promote peace but also advance
our commercial interests by announcing as a
national policy that our navy will not be used
for the collection of private debts. While pro
tecting the lives of our citizens everywhere and
guaranteeing personal safety to all who owe al
legiance to our Hag, we should, in my judgment,
announce that persons engaging in business and
holding property in other lands for business
purposes must be subject to the laws of the
countries in which they engage in business en
terprises. Many profitable fields of investment
are now closed because the people of the smaller
nations are afraid that an investment of foreign
capital will be made an excuse for a foreign in
vasion. Several times on this trip this fact has
been brought to my attention and I am con
vinced that for every dollar we could secure
to American investors by an attempt to put the
government back of their private claims we
would lose many dollars by closing the door to
investment. Mark the distinction between the
protection of the lives of our citizens and the
use of the navy to guarantee a profit on invest
ments. We do not imprison for debt in the
United States, neither do we put men to death
because of their failure to pay what they owe,
and our moral prestige as well as our commer
cial interests will be conserved by assuring all
nations that American investments depend for
protection upon the laws of the country to which
the investors go."
JUDGE LANDIS has decided that the Chicago
and Alton railroad is entitled to its im
' munity bath. An Associated Press dispatch from
Chicago says: "It was claimed by Attorney
General Bonaparte, whose letter was read to the
court by District Attorney Sims, that Mr. Mor
rison, the predecessor of Mr. Sims in office, had
promised immunity to the Alton road provided
it assisted in good faith in the prosecution of
the Standard Oil company. The attorney general
therefore held that it was the duty of the gov
ernment to see that no further steps toward the
punishment of the railroad for its part in the
granting of the rebates be taken. He asked that
the grand jury, which had been summoned at
the instance of Judge Landis to investigate the
Alton railroad, be discharged. Judge Landis,
in a statement which required fully thirty min
utes for its delivery, declined to discharge the
jury, but instructed its members that they had
no further duty to perform in connection with
the Chicago and Alton. The court then called
attention to a statement recently issued by Pres
ident Moffett of the Standard Oil company of
Indiana, in which it was claimed that if the
Standard Oil company was guilty of receiving
rebates, no other manufacturer was innocent.
The court directed the jury to investigate the
conduct of other manufacturers and directed
that a subpoena be issued for President Moffett."
THE LETTER of the attorney general to Dis
trict Attorney Sims directed Mr. Sims to
"inform the court that this department has most
carefully considered and again reconsidered all
aspects of the case, and is unable to find any
sufficient reason for other action on its part than
was indicated in the letter dated August 10 last
from the attorney general to Hon. K. M. Landis,
and to which Judge Landis referred in his re
marks to the grand jury on August 14. You
will assure the court that this department thor
oughly appreciates the force and cogency of the
reasons which caused its request that the record
of testimony in the case against the Standard
Oil company of Indiana be scrutinized by this
department, and it fully recognizes the highly
appropriate character of the said request under
the peculiar circumstances of this unusual case.
You will further assure the court of this de
partment's earnest wisli to co-operate heartily
,and effectively .with the judiciary in the admir
' able purpose to bring to justice as speedily as
possible all offenders against the statutes reg
ulating interstate commerce which prompted and
was announced In the original order of the court
summoning this special grand jury. Moreover,
you will renew tho expression of regret con
tained in the attorney general's letter of August
10, that this department by reason of Us ignor
ance 67 tho material facts determining its pre
ont action could not advise the court as to tho
said facta prior to the abovo mentioned original
order. It likewise appears to the department
that you should explain to the court tho evident
necessity which existed in tho judgment of tho
attorney general for a public statement of Its
position in consequence of your request for a
postponement made in this case on Soptombor
3 Inst. The department has duly consld6rod,
as you are aware, the Interesting and pertinent
facts which led you to ask the postponement and
in its desire to carry out thoroughly tho wishos
of the court, expressed in tho order of August
14, It has ex-Maloro Cautela gone over again
the testimony of all the witnesses then In tho
employ of tho railroad company who testified at
the trial of tho oil company, and it respectfully
reports to the court, through you, that, although
the facts render such a scrutiny clearly appro
priate and although some parts of tho evidence
are undeniably open to adverse criticism, tho
most perfect good faith requires the government
of the United States to accord to the Chicago and
Alton Railroad copipany the privileges granted
an accomplice who becomes a witness for the
prosecution." After quoting authorities and de
cisions on the subject of privilege of immunity
granted such witnesses, the attorney general's
letter concluded as follows: "Having submitted
the foregoing report, explanation and statement
of the department to the court, you will there
upon respectfully move that tho special grand
jury be discharged from further consideration of
the matter and you will immediately report your
action in the premises and any which may be
taken thereon by the court."
FERERAL JUDGE J. Otis Humphrey, tho
jurist who gave the beef packers tho Im
munity bath and thereby brought down on his
head the public condemnation of President
Roosevelt, stood on the deck of the steamship
Noordam recently as she slid up the lower bay
and smiled a smiloof satisfaction when a repre
sentative of the Chicago Examiner informed him
that President Roosevelt and Attorney General
Bonaparte were determined that an immunity
bath should be given the Chicago and Alton rail
road. "For eighteen months I have refrained
from indulging in any criticism of tho president,"
said the judge, "and I do not feel inclined to
criticise him at this time. I felt when I handed
down that decision that I was right. If I had
deemed it courteous or wise to have plunged
into any public controversy with President
Roosevelt, I should have done so when ho was
attacking me in the public prints and was voic
ing criticism of my decision in the beef packing
cases. I felt when I jvrote that decision that it
was good law and that time would prove it to
be. My closest and wisest, friends told me at
the time that I was right. They counseled
silence on my part. You know, of course, that
Judge Landis is one of my colleagues on the
federal bench in Illinois. I read in Paris of
his fining the Standard Oil trust $29,000,000.
I hope that he did the right thing and I firmly
believe that he did. Landis is a brave, dashing,
fearless and absolutely honest man and he knows
the law. If the federal government wishes to
have the, Chicago and Alton granted immunity,
it certainly raises complications, doesn't it?"
ADDRESSING Judge Humphrey, the Examiner
representative said: "Inasmuch, Judge,
as it is the desire of the president to let that
corporation go scot free, while he personally at
tacked yon because you held the beef packers
civilly and not criminally guilty, do you care
to say anything about the seeming inconsistency
of such action?" Judge Humphrey replied:
"No, I was right then and it has been proven.
When the president sent a special message to
congress declaring that my decision was a mis
carriage of justice and that such Interpretation
of the law comes measurably near to making the
law a farce, I was angered. Some of my friends
hastened to me some of the hot-headed ones
and suggested that I call the attention of the
president to the fact that the constitution of
the United States provided for three co-ordinate
branches of government; the executive, the legis
lative and the judicial, and that I was part of
the judicial branch. There was. a temptation in
the suggestion. I felt for a short time that it
might be vastly entertaining to tell something
of the constitutional rights of fqderal judges
and to discus point of law, but I didn't then
believe that Judge could with dignity take part
in newspaper controveralea, no matter how ex
alted thoir opponent, anil I rofrainod. Chicago
newspaper men came to me and earnmUly be
sought statement. I was akod by many to
protect my reputation. I didn't. I folt that law
would bo regarded a good law and that it would
Htand the acid tout of time. Well, I waited. Tho
Chicago Bar association became Interested and
wanted to pass some rather heated resolution!!
against tho president; other bar association in
various states hold mooting and decided that
my decision was good law. Big lawyers In Illi
nois who made a study of the question told mo
that I wns right. I let it stand and have never
yet folt that 1 made a mistake when I refrained
from talking back."
rpHIS INTERESTING dispatch was glvn to tho
.1 New York World by Its Wellington cor
respondent: "The resignation of former United
States Senator William E. Chandler from tho
Spanish treaty claims' commission, of which ho
was chairman, is the climax of his long fight with
Senator Knox, of Pennsylvania, over the appoint
ment of the Iatter's friend, Marry K. Duughcrty,
as a member of the commission, The Pennsyl
vania senator defeated him so decisively that
he could no longer remain on the commission
without stultifying himself. Uoforo going Sen
ator Chandler declined to join with the other
commissioners in a request made to the presi
dent on September 6, that the life of tho com
mission be extonded six months, preferring that
the commission should die rather than that
Daugherty should become a commissioner.
Heretofore tho suggestion for an extension has
always come from tho chairman, who made this
plea after he had publicly branded the president
as a falsifier in connection with tho rate bill
figlit. Mr. Chandler had declared that ho
thought It a manifest impropriety that Daugh
erty should sorvc on the commission where he
would review claims that, as special attorney
for the government, he had Investigated, In a
way, as counsel for the defense, as against the
claimants, llo tried to have the i.rcsldcnt In
duce Daugherty to accept a place In tho depart
ment of justice, or one of counsel for the court
of claims, his mediators being Solicitor General
Hoyt and some of his friends, who had tho pres
ident's ear, but neither the president nor
Daugherty was moved by the arguments. In
stead, when the other commissioners wont over
tho head of their chairman and, having wafted
until the day before the commission would havo
died automotlcally under the law creating It,
asked for a continuance of existence, the presi
dent granted the extension Immediately and
without communicating with Mr. Chandler. This
was a broad intimation to Mr. Chandler that he
could resign or remain and assent to what he
considered .an impropriety the association on
the commission with Mr. Daugherty,, who had
already received his appointment. The New
Hampshire man was frozen out. Commissioner
Daugherty is the only member of the commission
in the city. He refuses to discuss Mr. Chand
ler's resignation, saying that he knows nothing
about the matter boyond what has been printed
in the papers, and that he understands that Mr.
Chandler intends making some public observa
tions on the subject." j
A number of administration organs, pinched
by the exactions of the tariff fed paper trust,
have finally joined in the demand that the tariff
on paper and wood pulp be repealed. Certainly
it should be, for it has no other effect than to
put a premium on the destruction of our own
forests and enrich a few pampered tariff barons.
But when these administration organs have suc
ceeded in ridding themselves of a tax that the
foreigner does not pay, will they kindly come
to the assistance of several millions of us who
are compelled to pay the tariff tax, that the for
eigner also does not pay, on shoes, clothing,
hats, thread, nails, wire, sugar, lumber, coal,
oil and its byproducts, leather, cordage and nu
merous other things? If the tariff on paper
and wood pulp pinches the newspaper proprie
tors, how can they deny that the tariff on other
things also pinches the people who must pur
chase those things?
According to the testimony in the Standard
Oil hearing in New York, John D. Rockefeller's
income from the big. trust during the past eight
years has been $ 2 1.2 5 per minute. This is from
oil alone. Surely Mr. Rockefeller is a whole
regiment of Industry.