Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1904-07-12
U. >. District Attorney For New
Mexico Said To Have Neg
lected Official Duties
MERE PETTY
PERSECUTION
In Suit For Private
Damages iii Which sherman
Antitrust Law Is Invoked

A special TO the Denver Republican
from Washington says.
"William b. Childers. United States
district attorney for New Mexico, is
charged by the department of Justice
with having acted as counsel for the
Colorado Fuel and Iron company in q
civil suit In which that corporation
was charged with having violated tho
Sherman antitrust law.
THE Independence Coal company OF
Gallup, N. NJ, began civil suit In April
for damages against the Colorado
Fuel and Iron company, charging It
with having violated the Sherman
antitrust law BY eonniving with the
Atchison, Topeka n Santa Fe Railroad
company to suppress competition.
"Ghilders, whose duty in the case
Of the government being plaintiff,
would have been to prosecute the
Colorado Fuel and Iron company, ap
peared in court as counsel fo- that
corporation.
Plaintiffs counsel notified At
torney General Knox and requested
the prompt dismissal Of Childers from
office.
"Mr. childers said he had APPEARED
| In his professional and not in his Of
ficial capacity. Mr.. Knox accepted
! the explanations. Childers announced
I, that he would withdraw from the case.
Counsel for the independence com.
pany has filed charges alleging thats
1although Childers ostensibly withdrew
from the case, pleadings and papers
,of the defendant were prepared by
him upon paper bearing the water.
mark of the department of justice.
Attorney General Moody tele-
lgraohed Childers, who telegraphed
back that he had nothing to do with
PREPARATION OF the case for the CONS
lpany. Moody wrote Childers demands
Ing a full explanation. An answer
has not been received. The case loses
no interest from the fact that Paul
Morton, Attorney General Moody'a
successor as secretary Of the navy,
was formerly president OF the Colo
rado Fuel and Iron company and Sec
ond vice president Of the Santa Fo
system"
y The writer OF the above dispatch
doubtless meant to say IAN independ-
ent coal company" The company
which brought the suit is the Caledon-
ia Coal company OF Gallup. Mr.. Chill
ders passed through the city Satur-
day night on his way home from the
east He did not appear TO be at all
troubled regarding the case. The
facts are these:
Mr.. Childers Ia regular attorney
for the Colorado Fuel and Iron COM
pany. When civil suit against that
, corporation was begun by the Gale.
donia comi9any--a mere private suit
for damages, Mr. Childers, as atton-
ey for the @. +. & ]. company, did
not believe that II conflicted with his
position as U. 8. district attorney to
represent his clients In professional
capacity. There are great many OF
the best lawyers In the United States
who take the same view. Mr.. Child
ers still think SO The attorney
general did not decide otherwise, but
since opposing counsel in the case
or some political enemies saw III to
complain the attorney general ad-
, vised Mr.. Childers that II woulL prob
ably be better for him to refrain from
taking any part In the case. Since
, receiving such advice last April Mr..
Childers has neither directly nor m
directly taken part in the case in bc-
half Of the Colorado company. II may
be safely asserted that the actions
OF me able district attorney win no
entirely justified by the attorney gen.
eral. The last complaint made againsr
the official Is based upon pretext
too trivial and childish to be worm
q moments notice. Mr.. Madison.
stenographer fer Mr.. Chiiders. also
dIa some work for Col. Twitchell. and
Continued on page g.