Omaha daily bee., 1905-12-13
WILL ENFORCE ELEINS ACT
Attorney General Issues Special Order 10
All District Attorneys
INVESTIGATIONS ARE TO BEGIN At ONCE
Instructions Are issued TO Bring
Charges of Conspiracy when
ever Evidence VIII
warrant.

| WASHINGTON. Dec. i2.-Attorney Gen
eral Moody today sent a circular letter to
all the United States district attorneys,
! eighty-fve in number directing them
! v1gtlantly to enforce the provisions of the
Elkns act against rebates and discrimina-
! tons of all kinds by carriers. The method
of proceeding suggested is by way of in
dictments. 1t is the expectation that this
letter will result in the prompt investiga-
tion of all complaints made OF discrimina-
tions by carriers. followed by indictments
! where the evidence warrants The de-
partment itself IL is stated, has invest-
/ gated thoroughly all cases brought before
/ it, but it has not the facilities TO invest-
gate these practices all over the country,
and it has been felt that these cases were
! of a nature that could &c safely entrusted
to the discretion of the district attorney.
Text of Moodys Letter.
| The following is a copy of the letter
| sent today to the district attorneys:
| WAShl4SGIUN, Dec. lz.--Ofhce of Attor-
! ney treneiai--to Cnited States Attorneys:
| An act entitled 20 lurtner regulate cohi-
! merce among foreign nations and among
! tue states, approx ed February ~, 1903,
! co. Stats. S4i). commonly known the
! Elkins act. is directed against the rebates
"nu other discriminatory practices 10y COM
mon carriers 1t makes suon practices mis-
/ demeanois and provides for their punish
! nent ny hnes. 1t turtner provides for tneu
| pronlDluon by the lnJuncuVe process of the
| courts. There as no provision tnat criminal
prosecution shall be by the special direc-
| lIon or une attorney general. but in section
| nj II Is PROVIDED that proceedings for IN
! junction shaii be begun whenever the at
/ torney general shall direct" You are di-
| ectcu uIlgentiy TO investigate all COM
| pants wnIcn may come to you from any
| source of violations of this law and upon
your own initiative to make Investigations
! II there appears to you to be reasona Die
! ground toe suspecting violations of this
law. In every in wnicn YOU can
| secure sufficient evidence, you will submit
| that evidence to the grand jury, with a view
of securing Indictment. whenever IL rs
| practicable IL is desirable that indictments
| shall he returned both against the shipper
! and the carrier In some cases, however
! it may he impossible to obtain sufficient
| evidence without the aid of the testimony
of one of the guilty parties TO the tran
| saction. In sucn case II would be wise
| to use such testimony, of course, aftording
| to the witness or witnesses, immunity from
| Under the ElSins law the only penalty for
its violation is a fine. ] suggest to you, IN
It, that an indictment for conspiracy 10
| commit an offense against the United
States, based upon section 544o of the Re-
! vised Statutes. be obtained. The supreme
court has held in Clune against United
| Statcs G59 l. s, 590 5J5) that conspiracy
| TO commit crime itself punishable only
| by fine may be punished by imprisonment.
| In the event of obtaining conviction upon
a charge of conspiracy OF this kind YOU are
directed to present 70 the court the lueSlr-
! ability of infiicting the penalty of imprison-
/ ment to the end that these unlawful prac-
\ tices, which have received almost universal
condemnation, may be discouraged and pre-
I vented as far ms existing laws will accom-
1 pllSaa ahs ~ asfsfsstsd to
that part of the act which renders unlaw-
ful any rebate. concession or discrimination
in the transportation of any property in IN
| terstate foreign commerce
| whereby any such property shall by any de-
! vice whatever be transported at less rate
than that named in the tariffs published
and filed
| / desire TO impress upon you the import
ancc Of using every effort to execute these
directions. You will report to the depart
ment from time to time any action which
you may take upon this subject Very re-
spectfully, WILLIAM X. MOODY,
| Attorney General.
| Investigation Begins In Chicago.
| CHICAGO, Dec. 12.-EXhaustive invsstt-
CATION of some of the railroad companies
centering in Chicago has been decided upon
by the local federal officials. Subpoenas
have been issued for a large number Of
railroad men and heads of large industrial
concerns which have heavy yearly ship
ments to appear before the federal grand
jury which has been summoned for De-
cember 49, District Attorney Morrison Is
said to have received his instructions from
Attorney General William II. Moody. Evil
dence secured at various sessions of the
Interstate Commerce commission has given
rise to the investigation. The matter came
to a climax today when Special Attorney
III. T. Marchand, for the Interstate COM
merce commission. called at the office of
District Attorney Morrison and, II is de-
clared delivered evidence into his posses
sion which resulted in the issuance OF the
subpoenas. The present investigation. 1t is
said, will be limited to the roads against
which specific charges of rebates to large
shippers have been made. leaving the other
roads for further investigation should the
occasion arise.
subpoenas Issued In Philadelphia.
PHILADELPHIA, Dec. 12.-Subpoenas
were served today by United States deputy
marshals on a dozen persons who have
been summoned by United States District
Attorney ]. Whitaker Thompson TO appear
before the federal grand jury tomorrow
and give testimony i'm the prosecutions 10
be brought against certain railroads and
shippers for reba ting. Ten witnesses were
summoned in this city, one in New York
and one in Washington, The district at
torney still refuses to make public the
names of witnesses or defendants. II is
said the contemplated prosecutions have
| TO do with at least three transportation
, | companies, the headquarters OF one OF
which is in the west
cThMnkpn MI MEM MhMTCN