The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-06-22
fDy Aysoc!ated Press.)


WASHINGTON, D. CT June N-Presi-
dent Roosevelt has taken occasion to
express himself In most positive terms
complimentary of tho integrity and abl-A
ity OF Paul Morton. former yice-pres!dent
of the Atch!son, Topeka and Santa Fc
Railroad, and now concluding his duties
as Secretary OF the Navy that he may
assume the Craftsmanship OF the board
Of directors OF the Equitable Life AS
surance Society.
These expressions. are contained In two
s letters. one addressed to the Attorney
General and the other to Mr.. Morton.
Il The letters were made public to-day by
the administration, together with "a
number OF others. which, taken togeth-a
er, show the precise point OF difference
between the Department of Justice and
Messrs. Harmon and Judson. who re-.
gently resigned as special counsel for
the government m the rebate case in.
volving the Santa Fe Road and the Colo
rado Fuel and Iron Company. The spe-
cial counsel wished to bring contempt
proceedings against the officers OF the
road. which would have included Mr.
Morton. Their position was that the
testimony adduced before the Interstate
Commerce Commission established vo-
lation OF the court order OF March 25th.
1902, restraining the company from exc
cutting any agreement to transport in
terstnte traffic ut rates lower than the
published tariff of the road. This testi-
mony. they contended constituted n
prima facie case against the officers Of
y the road. and the only way to ascertain
their guilt or Innocence was through con-
tempt proceedings.
Attorney-General Moody opposed bring
Ing the contcmp. proceedings on the
ground that while the evidence before
the commission might show n violation
q OF the injunction by the road. It con-
tained nothing connecting any officer Of
the company with such violation.
# President Roosevelt took the same view.
Both the President and the Attorney,
General agreed that contempt proceed
ings should be instituted lmpersonally
ngainst the corporations In both the Colo
RADIO Fuel and the international Har-
vester case. The latter case, the Presi-
dent says. stands exactly on the same
footing and involves practically all OF
the Western roads.
The Correspondence.
The correspondence began with LETT
Ter from Messrs. Harmon and Judson
10 the Attorney General, dated February
9Th last. In which was given review
II the testimony in the Colorado Fuel
mse before the Interstate Commerce
Commission, with the conclusion that a
iolation Of the Injunction has been
1,own In part. the letter said:
From August, 1902, until December. 1904.
the railway company. referring to the sante
re- continuously transported coal for the
Colorado Fuel and Iron Company AZ less
various points in Colorado and elsewhere,
to Ell Paso, Texas; Demlng, New Mexico
and other places to which such transporta.
tion was Interstate commerce, This was
done by secret arrangement between tfs
two companies under which ne o Goa, a., ~as
freight. although. in fact. the price OF the
coal was Included, The railroad company
collected the y, shoWn " bs the pims rnm
pany as tho price of the coal making the
real charge for ira ansportation less than the
n"eanes he uame The fs tie IL rate rates gwen and CHARGED
other shippers were the published tariff mr
rates without any ,lea deduetlen a2r;.d This ph,
piinl ppiainly' indicates an intention to deceive
the government and the Public and to enable
tho tt coal supply at the points involved by
giving them a strong advantage over COM
Petitors In the actual cost Of transporta-
Tho letter recited that only one OF
the chief officers Of either company had
been called as witnesses, and that no.
4 immunity from prosecution could be
claimed by any of the other officers Of
either company, No papers had been
submitted by the fuel company. and
consequently no immunity copld pc claim
\ ed for 1t. Certain papers had been sub
m!tted Thy the railroad company but
only such as are by law made public,
consequently no immunity claim would
stand thereby, Messrs, Harmon and judi
son recommended that the railroad com--
pany and all of It's principal officers and
agents. perhaps including sonic snbordl-
nate officers and agents, he arraigned for
contempt of court In making and carry
Ing out the agreement referred TO. &
Some further correspondence ensued,
ending in second recommendation by
Messrs. Harmon and Judson o (, contempt
proceedings, on the ground that only by
3 judicial process could formal proof be