Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-12-18
important Information Made
Public by Authority Of
The President.
REVIEWED BY ATTY. GENERAL.
Roosevelt Tells Him lie Was Exactly
Right Regarding Proceedings
Against Paul Morton.

ka & Santa Fe railway company was
made public today by authority OF
President Roosevelt. 1t was In the
form OF two letters, under date of the
18th and 18th inst, respectively, the one
being written by Atty. Gen. Moody and
the other by the president. The letters
quote court decisions and give consid-
cradle information concerning the ac-
ton OF the president and the attorney
general In the Santa Fee case. particu-
larly with reference to the work of the
counsel. Messrs. Harmon OF Cincinnati
and Judson Of st. Louis, who were
employed by the government to inquire
into the facts Of the case and who sub
sequently withdrew from II because
their recommendations as TO the prose-
cution of the Santa Fe officials were not
adopted.
MR.. MooDy's LETTER,
The history OF the Santa Fe case Is
reviewed In the letter by Mr.. Moody,
and the attorney generals position Is
approved by the president in the Sec
ond letter.
"You direct me- the attorney gen.
eral replies, ito furnish you with a
concise history Of the case against the
Atchison, Topeka & Santa Fe railway.
IN which that company was charged
with unlawful rates and practises in
the transportation of coal for the Colo
RADIO Fuel & Iron company, and state
ment Of the bearing OF the recent de-
cision of Judge Philips of the circuit
court OF the United states for the
Western district of Missouri upon the
case, and especially upon the action
which you have heretofore taken re-
speeding at"
The attorney general recites the In
vestigation and the report OF the inter-
state commerce commission. which re-
port suggested the roads practise was
In violation of restraining order is-
sued against the railway company IN
March, 1902, upon bill III equity
brought by the United states. The
attorney general reported TO the presl-
dent that proceedings, under the re-
straining order could not DC main
tained.
under ordinary conditions" the let
Ter continues. "the advice which | gave
YOU probably would have been regard
cd bv you as conclusive against the
undertaking Of any action based upon
tho restraining order But the circum-
stances will be extraordinary. very
great public interest sexlsted In the
case aroused by the fact that Mr.
Mortcn. a member OF your cabinet, had
bean vice president OF the railway conf
many charged with the management
If the traffic during a part Of the time
tho nroctises were complained or,
therefore suggested the employment
of speclal counsel Of eminence and you
directed their employment. -
THE instructions to that date, FED
"A last, presented two opinions:
First, In what manner II any he
Injunction IN this case was nHecteu py
the decision of the supreme court III
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
SAINT. Fe company from transporting
any other Interstate traffic at less than
It's published rates, whether this gem
eral Injunction to OBEY the law mas
any force or virtue In II. In view OK
parts of the recent decision OF the SUI
Irene court in the beef trust case.
COUNSEL DIFFERED WITH
MOODY.
"Thc special counsel" the attorney
general gays, entertained an opinion
llpon these two questions different from
that | had expressed TO you. and that
cpinlop by your direction was ac-
auiesced in for the purpose OF further
action.
Later difference arose between
counsel and the attorney general as to
whether an information for contempt
OF the injunction should be filed against
the managing officers Of the corpora
ton. on April II, 1905, counsel held
that upon investigation Of the charge of
contempt, evidence might be forthcom-
ing to show whether the managing Of
fcers had been guilty Of contempt or
not"
Atty.-Gen. Moody adds, "The nature
OF the evidence which might be expect
ed was not indicated
on May 10 last the attorney general
wrote the special counsel that there
was no testimony against any except
the minor officials and Mr. Blddle, who
might claim immunity. and that as T.
Messrs. Ripley and Morton, president
and vice president OF the Santa Fe al
that time, some evidence ought to pre-
cede an accusation Of contempt OF
court.
The latter reviews the contempt pro.
ceedngs brought against the company
itself by the presidents direction ant
Judge Philips order on Dec. las
quashing the information. Judge Phil
lips cited I'm this connection the opinion
OF the supreme court OF the Unite,
States In the beef trust" case, ant
held that the record furnished NJ
foundation for lmputing to Messrs
Ripley and Morton, president and vic
- he. hot
personal responsibility for the allege,
violation Of the Interstate commerce
law. The attorney generals letter con
cludes as follows;
81 have stated that Judge Philips IL
sued the restraining order drawn int
the question by these lnformations 10
contempt. The order was issued by hir
after full argument by counsel for IN
United States and for the railway com
pany. Undoubtedly his decision In IN
contempt cases was inconsistent wit
his action upon the original bill
equity praying the injunction, a de
murrer to which he overruled, subsc
quently issuing the restraining orde
But since his first decision the suprem
court had decided the cases OF III
Missouri Pacific Railway company VI
the United States and Swift VS. III
United states, and Judge Philips re-
garded these two decisions as fatal I
the validity of the restraining order.
hardly need TO cay that In my opinlo
the decision OF Judge Philips is a col
rect expression OF the law because. a
you know, II Is In conformity with III
advice given to you at the very thresh
old Of these proceedings and at a
times. from then until now. believed b
me to be sound, In any event the dc
cision Is final because the governmer
has no appeal upon any question {
this kind"
PRESIDENTS REPLY.
The presidents letter to the attorne
general follows;