The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-06-23

Washington, June 21.-President
Roosevelt has taken occasion to ex.
press himself most positive terms COM
plimentary of the integrity and ability
Of Paul Morton, former vice president
of the AtchisOn Topeka and Santa Fe
Railroad, and no wconcluding his du-
ties as secretary OF the navy that he
may assume the craftsmanship of the
board OF directors of the Equitable
Life Assurance Society. These ex-
pressiOns are contained in two letters,
one addressed to the attorney general
and the other to Mr.. Morton. The let
ters were made public tOlay by the ad-
miniStra ton together with number
Of others, which, taken together show
the precise point of difference between
the department of justice and Messrs
signed as special counsel for the gov
ernment in the rebate case involving
the Santa Fe road and the Colorado
Fuel and Iron Company. The special
counsel wished to bring contempt pro-
ceedings against the officers OF the
road, which would have included MIR.
Morton. Their position was that the
testimony adduced before the inter
state commerce commission eStaDllSn
a violation of the court order of March
%. 1902, restraining the company ffoDl
executing any agreement to transport
interstate traffic at rates lower than
the published tariff Of the road. rms
testimony, they contended, constituted
a prima facie case against the OmceTS
of the road, and the only way to aScer
tain their guilt or innocence was
through contempt proceedings.
Attorney General Moody opposed
bringing the contempt proceedings on
the ground that while the evidence De-
fore the commission might show Flo
IatiOn of the injunction by the road, II
contained nothing connecting any OH
Ger of the company with sucn Vloii
ton. President Roosevelt took Tue
same view Both the President anC
the attorney general agreed that con
tempt proceedings should be lnStltute'
impersonally against the corporations
in both the Colorado Fuel ana the III
ternational Harvester case. Ine lattel
case. the President says, stands exact
Iy on the same footing, and involves
practically all of the western roads
BEGINNING OF CONFERENCES.
The correspondence began with let
ter from Messrs. Harmon and Judsoi
to the attorney general dated Febrn
ary IS last, in which was given Il re
view of the testimony i'll the Colofau
Fuel case before the Interstate com
merce commission, with the conclus
ion that a. violation of the lnJunctlol
has been shown. In part the lette
said:
From August, 1902, until Decem
Der. 1904. the railway company felei
ring to the Santa Fe, continuous
TRANSPORTED coal for the Colorado fue
and Iron Company at less than III
pubIished rates then i'll force, from Va
rious points in Colorado and elseWnef'
TO Ell Paso. Texas. Deming, New Mex
leo. and other places 10 WHICH sue
TRANSFORMATION was interstate coll
MERGE This was done by secret ai
rangement between the Two colilp'liie !.
under which the coal was appafeh.i
billed at the published rate OF irelSn
although, in fact, the price Oh Tue co' c
was included. The railroad conpan
collected the amount shown py u
billing and paid over part OF lt 10 IL
fuel company as the price of the Goa
making the real charge for trahspo
tation less than the published ra'
by Just that amount. At the san
time the rates given and charged otns
shippers were the published tari
rates without any deduction. In
nlan. and the way it was carried ou
plainly indicate an intention to q
ceiye the government and the pupi
and to enable the fuel company to ga
monopoly of the coal supply at Il
points involved by giving them
strong advantage over competitors
the actual cost OF transportation
The letter recited that only one
tbe chief officers of either company h'