The Montgomery advertiser., 1905-06-22

together. show the precise. point of diff ference between the Department or Jus | tice and Messrs. Harmon and yudson, who recently resigned as special coun : sef for the Government in the repate case Involving the santa Fe Road ana the Colorado Fuel and Iron Company. 1 The special counsel wished to bring contempt proceedings against the om- cers of the road which would have in- shat sfaaed the @ testimony H introduced before | the Interstate Commerce Commission | established violation of the court or | der of March z5, 1902. restraining the lcompany from executing any agreement | to transport interstate traffic at rates lower than the published tariff of the constituted a prima facie case against | the officers of the roads and the only | way to ascertain their guilt or inno- cence was through contempt proceed ] Attorney General Moody said in bringing the contempt proceedings: While. the evidence before the commit junction by the road, 1t contained noth- Ing connecting any officer of the com
 pany with such violation. President | Roosevelt took the same view. Both the President and the Attorney-G General agreed that contempt proceedings
 should be instituted impersonally
 orado Fuel and the international Har- lvester case. The latter case, the Presi-
 dent says, stands exactly on the same
 footing and involves practically all of
 The correspondence begin with Iet- ter from Messrs Harmon and Judson to the Attorney-Gencrai dated February
 2s, last. in which was given a review of the testimony in the Colorado Fuel case before the Interstate Commerce
 Th yba tn Sns hss Ssen shown. In part, the letter said:
 | Letter to Moody.
 From August. 1902. until December.
 1904 the railway company treferring te coal- for the Colorado Fuel and Iron 1 Company at less than the published
 rates then in force from various points | in Colorado and elsewhere to Fl Paso, Texas. Deming. New Mexico. and other places to which such transportation was interstate commerce. This was done by secret arrangement between the two comIanics under which the coal
 was apparently billed at the published rate of freight. the price of the coal in- 1 the amount shown by the billing and paid over part of 1t to the Fuel Com pany as the price of the coal. making than the published rate by just that | amount. At the same time the rates given and charged other shippers were the published tariff rates without any deduction. This plan and the way ft was carried out, plainly indicate an in- tention to feceive the Government and the publi:, and to enable tho Fuel Com pany to gain a monopoly of the coal supply at the points involved by giving them strong advantage over competf- The motive for thus favoring the~Fuel Company does not appear in the evil
 dence thus fa;' taken, but the fact Is l The letter recitcd that only enc of
 the higher officers of either company had been called as witnesses and that
 be claimed by any of the other officers
 of either company. No papers had
 been submitted by the Fuel Company
 and consequently no, immunity could
 been submitted by the railroad com pany but only such as are by law
 made public, conseauently. no immu-
 nifty claim would stand. Messrs. liar
 mon and Judson proceeded 10 recon. | mend that the railroad co'SSany and | all of Its principal officers and agents, l and agents. be arraigned for contempt
 of court in making and carrying out
 the agreement referred to.
 l In replying to this letter on March 8. Attorney General Moody expressed ! satisfactton with the progress made | in the investigation and concluded I plstion he would confer with the coun- sel regarding the action to be taken.
 Three days later the special counsel. l replying to the letter of the Attorney
 Wanted Quick Action.
 | We both understood our report to
 rscemmend proceedings in contempt in
 the. Atchison, Topeka and Santa F'e
 Railroad Company at Kansas City
 without waiting the result of future
 actions against 1t or the Colorado Fuel
 and Iron Company, Its officers and agents. If. however. we understood
 from your letterAyou think It best not
 to take these proceedings in contempt
 until we shall have reported on the
 advisability of such further proceed Inc Ctn1I rNe rnrrlr f.tW N.s
 vestigations and report as early as we | can.'
 The letter concluded with a sugses- tion that m order issue for the taking
 of further testimony before an exam
 iner fin Kansas City. On March 20. the | Attorney General again was addressed
 by. Messrs. Harmon and Judson. who
 eve beg to say that we have made | informal investigations which confirm | our previous reports. We can 20 no | secure formal evidence and other proof 1 and therefore. again recommend con l tempt proceedings and the taking of
 testimony before a master approved for that purpose in the case pending | in the United States Circuit Court at | Kansas City.
 have been violated by the traffic off, | cers of the Atchison. Topeka. and Santa | Fe Railroad Company and those of the Colorado Fuel and Iron Company The | former have by the same acts violated | the injunction in that case. The for | nal proof of required to punish them | for contempt of court and also crimi-
 nally if 1t shall be thought best to do
 that. can be had only, by contempt of
 court proceedings. This is ready in | The proof elicited before the master | will also be available for criminal proceedings against the Colorado Fuel
 and Iron Company and its officers and
 agents.
 ther and need gu hO further with in- | formal Investigations. We are con-
 vinced that the facts are as we have stated them and 1t only remains to put | the proof In legal forpl.
 We beg, therefore, that this be l considered our final report as to the | recommendations for which we are
 asked and await your further actions"
 The order to take further testimony
 required in the letter of the. special | Attorney General in a letter dated March 21, which concluded with the | statement that he preferred to have | all of the recommendations of the | special counsel before him before con
 sldering the question of the proper
 action to be taken against the Atch- ison. Topeka and Santa Fe Company Again on March 27, in a letter to the
 special counsel. the Attorney General
 said:
 | Facts Wanted First.
 | Before proceedings for contempt or criminal proceedings against either
 the railroad or the fuel company or
 desire that all the material facts
 should be before the department and | that the department should have the 1 benefit of your advice upon them."