The Birmingham age-herald., 1905-12-18
Ons Letter Written by AttoT- nsy General Moody and
 Other h President
PRESIDENT OPPOSES THE
 STEP TAKEN BY MOODY
Roosevelt Quotes His Instruction That Position of Ex-Secretary Mortlon Should Not Shield Him From
 Prosecution.

Washington, December 17.-some impor- government against the Atchison, Topeka
 and Santa Fe Railroad company was
 made public today by authority of Presi- dent Roosevelt. It was in the form of two letters under date of the 18th and 14th
 instant respectively, the one being writ
 ten by Attorney General Moody and the
 other by the President The letters quote
 court decisions and contain considerable l information concerning the action of the 1 President and the attorney general In the
 Santa Fe case. particularly with refer l ence to the work of the special commit
 tee' Mr. Harmon of Cincinnati and MT.
 Judson of St. Louis, who were employed l by the government to inquire into the 1 facts of the case, and who subsequently,
 withdrew from it because their recom- i mendations as to the prosecutions of the Santa Fe officials was not adopted.
 The history of the Santa Fe case is i reviewed in the latter by Mir Moody
 proved by the President in the second
 letter
 l You direct me-" the attorney general
 reports ito furnish you with a concise
 history of the case against the Atchlson, l Topeka and Santa Fe Railroad company. i in which that company was charged with
 employing unlawful rates and practices
 in the transportation of coal for the Colo
 rado Fuel and Iron company and state
 ment of the bearing of the recent decision
 of Judge Phillips of the circuit court of
 the United States for the western district
 of Missouri upon the case, especially up-
 on the action which you have heretofore
 taken respecting It.
 l The attorney general recites the in- vestigation and report of the interstate commerce commission, which report sug-
 gested that the roads practiced rebates giving in violation of restraining order 1 issued against the railroad company in ] March, 1902, upon bill in equity brought 1 by the United States. The attorney gen eral reported to the President that pro- l ceedings under the restraining order could I, not be maintained.
 Mortons Relations.
 Under ordinary conditions" the letter continues, "the advice which I gave you
 probably would have been regarded by 1 you as conclusive against the undertak- ing of any action based upon the restrain ing order. But the circumstances were extraordinary and very great public in terest in the case existed, aroused by the fact that MT. Morton, a member of your cabinet. had been vice president of the railroad company charged with the man | agement of the traffic during part of the time in which the practices complained of continued
 T suggested the employment of special
 counsel of eminence, and you directed their employment.
 The instructions to them, dated Feb ruary IA last, presented two questions: First, in what manner. If any. the in- junction in this case was affected by the decision of the supreme court in the Mis- souri Pacific railroad case against the United States; and second, in case coal is within the scope of the injunction at all by reason of the general clause in the decree entoning the Santa Fe company from transporting any other interstate traffic at less than it's published rates, whether general injunction to obey the law has any force or virtue in 1t, in view of parts of the recent decision of the su- preme court in the beef trust case"
 "The special counsel" the attorney gen eral says, entertained an opinion upon | these two questions, different from that had expressed to you. and that opinion, by your direction, was acquiesced in for the purpose of further action"
 l Later the difference arose between coun- sel and the attorney general as to whether an information for contempt of the in- junction should be filed against the man aging officers of the corporation on April il, 1905, counsel held that upon investi- gation of the charge of contempt, evidence might be forthcoming to show where the managing officers had been guilty of con tempt or not"
 Attorney General Moody adds: Eviden~- Not Indicated.
 "The nature Of the evidence which might be expected was not indicated" On May 9 last. the Attorney General wrote the special counsel that there was no testimony against any except the minor officials and Mir. Biddle who might claim immunity, and that as to Messrs Ripley and Morton. president and vice president of the Santa Fe at that time some evil dence ought to precede an accusation of contempt of court.
 The letter shows the contempt proceed ings brought against the company itself by the presidents direction and Judge Phillips order on December last. auash- ing the information. Judge Phillips cited in this connection the opinion of the su- preme court of the United States in the furnished no foundation for imputing to Messrs. Ripley and Morton. president and vice president of the road at the time any personal responsibility for the alleged violation of the interstate commerce law The Attorney Generals letter concludes: 'T have stated that Judge Phillips is-