The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-06-22

against its officers and agents where
the corporation has been guilty of con-
/ tempt and that upon investigat ton of
/ the accusation testimony may be taken
(which viii show whether or not the Off
/ GERS accused have themselves been
I guilty of any conduct which has aided
/ in bringing the corporation into con-
/ tempt OF court. I do not understand,
I however, that without such evidence
you would be OF opinion that any Off
Ger or agent would be liable to the pen
atty for contempt.
Wants Evidence.
after great consideration, 7 am of
/ opinion that some evidence ought to
precede the accusation and that an ac-
cusauon so grave in its character
ought not to be made unless there ap-
pears before it is made some evidence
| in support of it. I realize fully that
l have the power to make the accusa-
ton and no one can question it. Inc
possession of the power carries with It.
however. the responsibility for It's
Scrupulous exercise. In this case,
upon the facts which I have stated. |
have reached the conclusion that
ought not to make the application for
an attachment for contempt against
the officers of the railway company.
Il have felt that it was due to you
that you should receive an exact state
ment of the views which 1 entertain
and the reasons which have controlled
my action.
II have submitted the foregoing to
the president and he authorizes me to
say that he approves the conclusion
which 1 have reached and directs that
proceedings for contempt of the in
junction be begun against the railroad
company only"
Harmon and Judson Resign.
The letter in reply to this contains
the resignation of Messrs. Harmon and
Judson. It was dated at Cincinnati,
June .. It follows:
I'VE have received and carefully
considered your letter of the 18th ult.,
and regret that you do not approve
our recommendation of February %
last, which we repeated with further
reasons in our letter of april II. we
appreciate the very great weight to
be given your conclusion, but we are
deeply impressed with the gravity of
the matter and its Importance as a
precedent. We feel, therefore, that
we may, without improperly, refer to
some things in your letter.
ut is true that the report of the in
terstate commerce commission merely
stated the 4acts which show that the
law had been violated without at
TEN pting to fix responsibility on any
particular officers of the railroad com
pany. The reason for this was that
the commission limited its inquiry to
, the mere fact of such violation and so
stated (see testimony, page 1341).
THE violation by a corporation of
an injunction directed against it and
its officers always calls for a rule
against such of them as had control
over its conduct to show cause why
they should not be held personally
responsible. They are prima facie
guilty of disobedience. It was heir
duty to see that the acts forbidden
were not done as we'll as not to do
them
1.-THE necessity of this rule is appar-
ent as well as its justice. The facts
mr. us~Tr- or
of such officers and of subordinates
under their control Except in cases
so rare that they may be called acct
dental, there are no means of discov-
ering the facts except by such a pro-
ceeding as we have advised.
Say Evidence Is Good.
This well established rule which is
sufficient to justify the action proposed
in any case seemed and still seems to
US peculiarly to fit the case in hand
A rule against the controlling officers
of the railroad company to show cause
is simply the recognition by the court
of the responsibility incident to their
official relation. It is a demand for
an explanation and not, properly
spea king, an accusation The action
of the corporation is necessarily pre-
sumptive evidence against its prin-
cipal officers who had charge of the
department in question.
I'VE fully concur that no proceed
ing should be commenced without evil
dence but facts presumed or Judicially
noticed are in evidence. The proceed
ings, we recommend. is not unusual
or exceptional, but, on the contrary, is
the natural and ordinary one in such
cases
'.What we have said is peculiarly
true of the great corporation of our
day. They cannot be imprisoned and
punishment by fine is not only ade-
quate but reaches the real culprits
only lightly, if at all. The evils with
which we are now confronted are cor
porate IL name but individual in fact,
Guilt is always personal So long as
officials can hide behind their cor
porations, no remedy can be effective.
When the government searches out the
guilty men and makes corporate
Wrongdoing mean personal punish
ment and dishonor, the laws will be
obeyed.
your opinion always commands
great respect, which is by no means
due to your office alone, and we APP
preciate the deep sense of official re-
the nature and circumstances of our
appointment impose a certain indepen-
dent responsibility upon US which we
feel would not be met by a proceed
ing against the corporation alone
1--WE therefore consider that we have
now discharged the duty which you
did US the honor to entrust to US and
thanking you most sincerely for your
constant courtesy and consideration,
We remain
VERY Respectfully,
"JUDSON HARMON
FREDERICK JUDSON."
designations Accepted.
The designations were accepted by
the attorney. general in a letter to tho
counsel dated June 10. In this letter
Mr.. Moody says:
''I regret conclusion. but not
doubling that you have arrived at
it after great considerat ton, inspired
by sense of your duty, must accept
it. I was impressed with the fact that
the investigation Of the subject made
by the interstate commerce commits
sion. while doubtless adequate for its
purposes, was insufficient for the pur-
poses of the department Of justice To
what extent shipments of coal made