Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1905-12-21
| MOODY DIRECTS
| COURTS TO WORK
He Tells Federal Attorneys
To Get Evidences Of
Rate Evils.
HOLD THEM FOR CONSPIRACY
Fine Alone is not Enough Penalty
Tells District Attorneys to Look
Up Rate Wrongs For Presentations
To Grand Jury.

Washington, Dec. 13.--Attorney Gen
eral Moody yesterday sent a circular
letter to all the United States dis
trict attorneys, eighty-five in Number.
directing them vigilantly to enforce
the provisions of the ETkins act
against rebates and determinations
of all kinds by carriers. 1t is the ex-
pectation that this letter win result
in the prompt investigation of all com,
plants made of determinations by
carriers, followed by the indictments
where the evidence warrants.
The following is a copy of the let
ter sent yesterday to the district at
torneys:
Washington, ID. c., Dec. s.. 1905
Office of Attorney General.-To United
States Attorneys: An act entitled ito
further regulate commerce among
foreign nations and among the states"
approved Feb. 10, 1903 (32 statutes.
SAD, commonly known as the Bikins
act, is directed against rebates and
other discriminatory practices by COM
mon carriers. 1t makes such prac-
tees misdemeanors and provides for
their prohibition by the, injunctive
process of the courts. There is no
provision that criminal prosecution
shall be by the special direction of the
attorney general, but in section 3 it
is provided that proceedings for in
junction shall be begun whenever the
attorney general shall direct
You are directed diligently to inves
tigate all complaints which may come
to you from any source of violations
OF this law, and upon your own initia-
tive to make investigations il there
appears to you to be any reasonable
ground for suspecting violations of
this law. In every case in which you
can secure sufficient evidence you viii
submit that the evidence to the grand
jury, with view to securing an indict-
ment. Whenever it is practicable,
it is desirable that indictments should
be returned both against the shipper
and the carrier. In some cases.
however, it may be impossible to OBJ
tain sufficient evidence without the
aid of the testimony of one of the
guilty parties to the transaction. In
such c9Ga "a woald be wise to use
such testimony, cf course affordiag to
the witness or witnesses immunity
from prosecution.
Under the Elkins law the only pen.
atty for its violation is a fine. I sug.
gest to you, in all cases where the evil
dence would warrant 1t, that an in
dictment for conspiracy to commit
an offense against the United States
based upon section 5440 of the revised
statute, be obtained. The supreme
court has held in Clune VS.. United
States (159 U. S. $50, 595), that a
conspiracy to commit crime, itself
punishable only by fine, may be pun
ished by Imprisonment. In the event
of obtaining conviction upon
charge of conspiracy of this kind,
you are directed to present to the
court the desirability of inflicting the
Lenalty of Imprisonment, to the end
that these unlawful practices. which
have received almost universal con.
domination, may be discouraged and
prevented as far as existing laws win
accomplish that result.
Your attention is especially directed
to that part Of the act which renders
unlawful any rebate, concession. or
discrimination in respect of the trans
portation of any property in interstate
or foreign commerce whereby any
such property shall by any device
whatever be transported at less
rate than that named in the tariffs
published and filed.
l desire to impress upon you the i'm.
portance of using every effort, to exc
cute these directions. You will re-
port to the department from time TO
time any action which you may take
upon this subject.
Very respectfully,
William II. Moody,
Attorney General.