The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-18
REPLY TO TILLMAN
Correspondence of the President
and General Moody
On Santa Fe Rebate Case Is
Made Public.
THEY ARE INDICATED.
By the Decision Rendered by
Federal Judge Philips.
We're Right in Rejecting ADVICE
of Special Attorneys.
THEY ARE INDICATED.

Washington, Dec. 18.-Some import
ant history concerning the action of the
government against the A+chi~~ To
peka & Santa Fe Railway company
has been made public by authority of
President Roosevelt. 1t is in the form
of two letters, under date of the 18th
and 18th instant, respectively, the one
being written by Attorney General
Moody and the other by the president.
The letters quote court decisions and
contain considerable information con
corning the action of the president and
the attorney general in the Santa Fe
case, particularly with reference to the
work of the special counsel, Messrs.
Harmon, of Cincinnati, and Judson. of
81. LOUIS, who were employed by the
government to inquire into the facts of
the case and who subsequently with
drew from it because their recommen-
cations as to the prosecution of the
santa Fe officials were not adopted.
The history of the Santa Fe case is
reviewed in the letter by Mr. Moody
ana the attorney generals position is
approved by the president in the sec
ord letter:
You direct me- the o++orney general
reports, to furnish you with a concise
history of the case against the Atchf-
son, Topeka & Santa B'e T.grilway. com
=
ed with unlawful rates and practices in
the transportation of coal for the Col
orado Fuel and Iron company and a
statement of the bearing of the recent
decision of Judge Philips, of the circuit
court of the United States for the west
ern district of Missouri upon the case.
and especially upon the action which
you have heretofore taken respecting
The attorney general reeites the in
vest1gation and report of the interstate
commerce commission, which report
suggested the roads practice was in Vi
olatlon of a restraining order issued
against the railway COMPANY in March
1902, upon a bill in equity brought by
the United States. The attorney gen
eral reported to the president that Dro-
ceedings under the restraining order
could not be maintained
JudsOn and Harmon.
Under ordinary conditions, - the let
ter continues, the advice which I gave
! you probably would have been regard
| ed by you as conclusive against the I'M
/ dertaking of any action based upon the
| restraining order. But the circum-
I stances were extra ordinary and very
great public interest in the case existed
/ aroused by the fact that Mr.. Morton a
member of your cabinet, had been vice
/ president of the railway company
| charged with the management of the
| traffic during a part of the time in
/ tinued. I. therefore, suggested the
employment of special counsel of emil
hence and you directed their employ
ment."
The instructions to them, dated Feb
ruary IA last, presented two questions
First-In what manner, if any the
I injunction in this case was affected by
! the decision of the supreme court ir
the Missouri Pacific railway case
against the United States; and. second
in case coal is within the scope of the
injunction at all by reason of the gen
eral clause in the decree enjoining The
Santa F'e company from Transporting
''any other interstate traffic at less thar
! its published rates. whether this gen
eral injunction to obey the law has any
force or virtue in it in view of parts Of
the recent decision of the supreme
I court in the beef trust case.
THE special counsel" the attorne,
/ gneral says, entertained an opinion
upon these two questions different from
/ that I had expressed to you, and tina
opinion, by your direction, was &C