The St. Louis Republic., 1905-12-18
NO EVIDENCE AGAINST ANYONE SAVE MINOR OFFICIALS.

Washington. Dec. l1.-Some important
history concerning the action Of the Gov
eminent against the AtchiaOn. Topeka
R1oiic to-day BY authority Of President
= Il was in the form Of two letters. under
the cne heiaK written By Attorney Oen-
srai Moody and the other by the Presi-
fae lettere quote court decisions and
tnG the action of the President and AttOT.
nsy General IN the Santa Fe case. partic-
nleriy with reference to the work Of the
ctnnati and Judson Of 81. Louis. who were
employed by the Government to inquire
INTO the facts Of the case: aud who sub
recOmmendatione as TO the prosecution Of
the santa Fe Ofncials were not adopted.
REVIEWS HISTORY OF CASE
The history Of the Santa Ee case - re-
viewed IN the letter by Mr.. Moody. and
nrevsS hw ,hs rSsn,,., a!a =, p2sIt;oa , = sp- ss
ter:
You direct me-" the Attorney General
Eepor1a. TO furnish you with q concise
ToSeka and Santa F.. Railway Company.
IN ~nich that company was charged with
unlawful rates ana Practices In the trans;
icon Company and q statement Of the
bearing Of the recent decision Of Judge
rhi!1s Of the Circuit Cour, Of the United
souri,. upon the case. and especially upon
the action which you have heretofore
taken rs--pectinx II.
TELLS AEouT INQUIRY.
.Jee Attorney General rec.tes the tnves-
nr-ce COmmissaon. which report ruRyes,e.i
that the r.ad's practice was In violation
Of Restraining order issued against the
I:II in equity brought Sy The Unissd States. :
The Attorney General reported To the
President that prOceedings under the re-
rnsiss sriirary % SonSi,,on. nSi Se sS. Isst.r
continues. the advice which I gave you
probably wOuli have been regarded BY you
- conclusive against the undertaking q:
der:
But the circumstances were extraordi-
nary and very great public interest In
that Mr.: Morton. \ member of your Call-
net. had been vice president Of the rail-
way company charged with the manage
msnt S' the '1S I'm dcf,nx part Of the
ploymens Of special counsel f.sfu "f .msnencs as nee
and sou direct their employment"
INSTRUCTIONS TO COUNSEL
The instructions to them. dated Feb
ruary II. last. presented two questions:
liOn in this case was affected BY the decis-
ion Of the Supreme Court IN the Missouri
Pacific Railway case against the United
States and. second. IN case coal u within
the scols, Of tie injunction at all. BY
reason Of the clause enjOining the Santa
Ce Company from transporting amy
other Interstate trafdc'' At less than Its
published rates. whether the general In
Junction to obey the law has any force OF
Writ. iE II In view Of parts Of the recent
decision of the Supreme 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
Later the difference arose between eoun-
-! a:d the Attorney General n to Wheth-
er an Information for contempt of the
injunction should be filed against the man.
aging officers Of the corporation.
EXPECTED TO GET EVIDENCE.
On April II. i9G. counsel held that Upon
Investigation Of the charge OF contempt.
evidence might be forthcoming to show
whether the managing officers had been
guilty Of contempt or not" Attorney
General Moody adds:
THE nature Of the evidence which might
be expected WIS not Indicated.
On May 49, lest the Attorney General
wrote 10 the special counsel. saying that
there was no testimony against any except
the minor officials and Mr.. Bi'hlle. who
might claim immunity. and that a. "a
Messrs. Ripley and Morton. president and