The commoner. (Lincoln, Neb.) 1901-1923, October 04, 1907, Page 9, Image 9
mvmmmmffmmmmmmumK mp umwwm 'IfflFlfX'Mty WWf ' insi 0CT0B3R 4, 1907 The Commoner. 9 mpmmm wuiwMumpmin. 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." O 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." O 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 WHAT NEXT? 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? oooo PER MINUTE 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. tT :.-?