Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1905-07-12
THE PRESIDENT BLUNDERS.

Dent attorneys selected by the admins
tra;ion TO investigate the case, Messrs.
Harmon and Judson, reported in favor
of bringing contempt proceedings
against the officials of the Santa Fe
railroad for viOl ating an Injunction.
Secretary Morton as one of the officials
Of the Santa Fe, was included among
the officers to be prosecuted. Attorney
General Moody, with President Roose-
velt's approval, refused to follow the
recommendation of Messrs. Harmon
and Judson. To justify the failure to
prosecute the Santa Fe officials the
president takes a position which, if
adhered TO, will very much embarrass
the prosecution of railroad and trust
officials. First he distinguishes be-
tween corporation and its officers and
insists that it is not only necessary to
show that the corporation has violated
the law but that the responsible officials
of the corporation must be shown to be
guilty. The governments special at
torneys pointed out that the evidence
was in the keeping of the company aud
could be brought out best on trial. but
the president replies that the guilt
must be filed in advance on some par.
tlcular officer. And then he proceeds
to say that in the case of the antitrust
law he has not attempted to punish the
heads of the corporations violating the
law, but has simply endeaYored to stop
the violations. He cites the merger
case and the beet trust case to show
that he did not prosecute officials. Yes
and he has been subjected 10 just criti.
ciSm for his failure TO enforce the Grim
inal law in this case. Justice Holmes
III his dissenting opinion in the merger
cases pointed that The officials should
be prosecuted criminally il the merger
was unlawful. The president does not
hesitate to punish petty criminals; why
should he be so tender with large ones?
When a man sells gallon of whiskey
without license the president does not
eDjoin him from doing so any more, he
prosecutes him and makes him feel the
penalty Of the law; why does he hest
tate to prosecute the big men who tram.
pie upon the statutes and the orders of
the court? The president has used a
good deal of high sounding language
about the enforcement of the law, and
no one doubts that he means it when
he applies the language to small offend
no q of
tenders are prominent and when mil
lions instead of hundreds are involved
He seems inclined to so amend the COM
mandment as to make it read: Thou
SHALT not steal'-On a small scale.
The president errs when he justifies
a refusal to prosecute the Santa Fe Of
| ficials because other corporate officers
have escaped punishment. He cites
the case of the Harvester trust, but why
has he not prosecuted that trust If it is
guiltyY If it is not guilty then the il
lustration loses It's force 4; if it is guilty
10 ought to be punished. 1t is absur {
to first overlook it's violations and theI
use the immunity granted to it as a rea
son for granting immunity to the Santa
Fe. But the president, apparently con
scious that his excuses are weak, piles
one upon another IN vain effort tt
fOrtify his position. He not only lay
down dangerous principle when h'
says that after proving the corporation
guilty the government must not prose
cute until it shows guilty knowledge il
the officers in charge; and he not onl
submits a palpably absurd defens
when he pleads failure to prosecute on
corporation to justify failure to pros
ecute another, but he singles Secretar
Morton out for eulogy and declares tina
If he was going to prosecute corporal
officials he would not begin with hin
The Presidents statement bears ev
, dence Of being prepared for the sol
purpose of shielding friend.
Many well-wishers of the presiden
have @lt that Mr.. Morton's appoint
met was mistake and that his pre-!
enee in the cabinet was bar to any e.
+ fective punishment of railroad officials
but the full extent of Mr.. Morton's ev
, influence was not understood until til
} presidents letter appeared. 1t seen
l now that lenlency must he shown a
J.. corporate officials in order to prever
= the establishment of principle whlcI
If enforced, would bring punishmel
upon the secretary of the navy.
I would have been better for the countl
:. if the president had announced his d
termination to shield his friend. becau
friend, than to paralyzs thu enforc
i. ment of the criminal law in order
save congenial spirit from fine or liz
: prisonment. Mr.. Morton assures I'll
!. president that he is not guilty, but it
no reflection on Mr.. Morton's yeracl
to say that the penitentiaries are fu
e OF men who have made that same pl,
t In open courts. 1t is not question
1 ANtx, ,Ny1 h,,N