The Monticellonian., 1905-07-06
THE PERSONAL FACTOR

nev General Moody. it is impos- Fsible to dismiss the suspicion
 that the attitude of the govern
 ment in the Santa Fe rebate
 case would have been radically
 different if Mr Paul Morton had not been a member of the Presi- dents Cabinet. Mr. Moody quite wisely says: 1t is not easy to detemine with accuracy
 what effect such a circumstance has upon the exercise of judg- ment
 The Republic has taken the charitable view. It is willing to admit that both the President and the Attorney General hon estIH believe they have not been influenced by the personal factor i'll this important case. Yet the conviction Is irresistible that sympathy for Morton has effect ively arrested the hand of jus tice Mir Roosevelt and Mr. Moody may really believe they have acted impartially, but they are foreibly eontradieted by the record. No one can read the correspondence that has been made public without seeing that the enforcement of the law has been neglected in order that the humilia ton of a Cabinet Of hcer may be averted.
 Nothing could be more unfor- tunate at this particular june ture. The people of the country have been looking hopefully to President Roosevelt to bring about real and reasonable regu- lation of the great transporta- ton companies. He has seemed to be sincere in his intentions and gave every promise of being vigorous in his actions. until he turned his back on this opportu- nity, the best that has offered for aggressive procedure.
 No better case could have been
 wanted 1t covers that field of railway regulation about which there Is and can be no contro-
 versy Even railway magnates eoneede chat discrimination in
 freight rates should stop and
 that the Government should
 have q power of investigation and punishment. Good people
 honestly differ about the expe- diency of giving the government i the right to fix rates. but all
 agree that 1t should have the right to punish diseriminations. And here was an instance not only of admitted violation of the interstate commerce act, but also of contempt of court after the violation had been made the subject of legal proceedings. What better opportunity could our strenuous President have asked2 But he retreats when the moment for action comes that he may save his friend and official associate.
 Itissidle to pretend that the proceedings against the corpor- ation wi!l prove eflieaeious Per haps 1t is kindly to individuals to pursue the impersonal cor  pofation in whose name q crime Is committed, but that course should only be followed where q criminal ohense Is involved if there is no way to trace the crime to the individuals who are personally guilty. \ corpora ton only acts through its ofT- cers and agents, so one or more of these must be at fault when there is q violation of law. The real responsibility rests with these individuals, and the only truly effective way of stopping corporate infractious of law IS punishment of the persons who actually direct and commit the otfense. Punish them and you reach the root of the evil. Fine the corporation and you leave the real malefaetor unwhipt of justice.
 Mr. Morton is little benefited by the administration white wash. If he is personally inno- cent, as he avows, he would hold a far better place standing tyith his former associates of the Santa Fe management before the