The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-14
RAILROAD NEWS.
Paul Morton Does Not Want to
Testify About Rebates.
Has Cancelled His Plans to Go to
Chicago.
STATEMENT EXPECTED
No Disposition Has Been Made
of the Santa Fe Case.
Gossip and Matters Of Interest
in Railroad Circles.

Washington, d. c., Jan. 14-Secretary
Of the Navy Morton Cancelled his plans
for going to Chicago today to appear
before the interstate commerce COM
mission after President Ripley with
drew his request for rehearing in the
Santa Fe rebate case. If there was
''barefaced disregard of law" Mr..
Morton apparently thinks that the least
said about it in public the better.
The secretary declines to comment on
the new phase of the situation. It is
not now expected that he will issue a
statement explaining his connection
with the case. He may, however, take
advantage of some future development
that Will enable him to present his side,
without seeming to be on the defensive.
or the present he has backed down in
unison with Mr.. Ripley from the stand
ne took last week, when he said he
would make a statement.
Secretary Morton's position here con-
tlnueS TO be embarrassing and there is
much speculation as to the effect on
hira If the attorney general should in
stitute proceedings in the courts.
whether the attorney general will take
such step is unknown at this time
The only additional DEVELOPMENT in
the case, so far as the interstate COM
merce commission is concerned, will be
the filing of briefs by both parties, for
which time has been granted.
The Santa F'e case again occupies an
important place in public discussion as
result of President Ripley's withdraw
al OF his request for a rehearing. No
surprise is expressed by any member
of the interstate commerce commission
or by any one else who has followed the
case that Mr. Ripley acted as he did.
In fact, Commissioner Prouty is Under
stood to have expressed the Opinfon a
few days ago that the hearing set for
Monday at Chicago would never be
held.
ssrTI,o eso1+a Era nod, a 1,1,,fF and If
was called said an official of the COM
mission today. ut is my belief that
Mr.. Ripley never had any intention OF
appearing before the commission, and
that he was averse to having a further
hearing. I do not see that another
hearing would serve any useful pur-
pose. The Santa F'e paid a rebate to
the Colorado Fuel and Iron company,
mitted this to be the fact. The facts
are also brought out in the papers IN
the case. That is all there is to it.
The commission has all the evidence
before it needed to come to a decision;
mo decision has yet been reached
by the interstate commerce commission
as to when it will dispose of the Santa
F'e case. 1t will be taken up soon to
determine whether it shall be passed
on to the attorney general to take such
action as he may deem proper. The
complained of was dis
continued November q last, after haV-
ing been In operation about IOur years.
The commission is satisfied that the
railroad company has ceased paying !
the rebate, but this does not mean that
there will be no prosecution. The COM
mission formerly prosecuted its own |
cases, but this work is now done I'M |
der the direction of the attorney gem
eral. There is a possibility, of course, |
that the case may not find its way into
the court, but Commissioner Prouty is |
to be of the opinion that an |
action should be authorized 1t takes a |
vote of the commission to re- |
fer a case to the department of justice
When the commission will meet for |
tie purpose of acting on the Santa Fe
has not yet been decided. The commits
ion has several en- g1grre nts to hold /
hearings, and is at present crowded /
with work. For that reason it may be /
several days before the case of the
Santa F'e is reached
The president sent to the senate the
nomination of James D. Yeomans of
Iowa to be interstate commerce COM
missioner. This is a reappointment.
Mr.. Yeom ans term expired on January
}. He will serve until March 4, 1t is
when he will be succeeded
by Senator Cockren of Missouri, whose
.erm in the senate expires then. The
president has signified his purpose OF
appointing Senator Cockren to the
commission.