Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-12-04
ATTORNEY GENERAL
URGES RATE BILL
MoodySaysthe Pre-
sent Laws Are
Inadequate.
CANNOT STOP REBATE EVIL
Department of Justice Makes
Many Recommendations
In Its Report.


Washington, D. c., Dec. 4.-The an.
nual report OF Attorney General Moody
was made public today. It covers on.
ly 81 pages against 200 pages last
year, this reduction in size being due
to the orders of President Roosevelt
that greater economy be observed in
printing public documents.
Features Of Report.
The special attention of the public
is called to these features of the re-
port:
l. The difficulty of suppressing
railroad rate discrimination under
present laws and effect OF the rate
making power upon it.
2. The determinations, rebates
and departures from published rates
by railroad carriers.
3. Proceedings under the Sherman
ANTITRUST act, especially in the beef
trust cases.
4. The necessity of the amendment
OF the law respecting the arrest of
persons indicted for crime under the
federal laws.
S. The necessity of an additional
United States district Judge for the
southern district Of New York.
6. The necessity Of statute defin-
ing misconduct in Office and pro-
viding for the punishment thereof
I. The necessity Of statute to
give the United States the right to a
review in criminal cases.
8. The need of new department
building at Washington, d. G.
Needs Of the Department.
The report opens by asking for an
appropriation for the current expens-
es Of Il. fiscal year, aggregatlng 3d.
813,573IGAnd exceeding the appropri-
alton Az preceding fiscal year by
S447,26a. In the same connection the
necessity for a new Department of
Justice building at Washington, D. c.,
is pointed out.
Legislation Recommended.
The report then proceeds to point
out the necessity for new legislation.
chief among which is law to regu.
late the making of rates by the rail-
roads, and a statute for the punish
ment of misconduct in office. OF which
latter the attorney general says:
Misconduct in Office was always a
grave offense under the English COM
mon law. AS such 1t was brought to
this country and was embedded in the
common law of Maryland, and thence
was transplanted to the District OF
Columbia. Various decisions OF the
courts of this District show that there
this crime is a Federal offense, al.
though within the territory OF the
States there are no Federal common
law crimes.
AFTER experience in pending cases,
and notably the cotton leak case, and
after careful reflection, am con-
yinced that the Federal statutory law
should make this an offense through
out the United States. Its present TO-
cal meaning and application should
be enlarged for purposes OF punish
ment Substantially and for purposes
Of removal for trial in general peT
tween all the districts of the United
States. The scope of the crime un-
der the common law should be reduc-
ed to precise specification. 1t is true,
as a mere possibility, as the matter
stands at present, that irregularities
and misbehavior, which are blamaple,
but trifing, may be included in the
definition of the offense;, but the most
serious and essentially criminal mat
ters which now escape definition and
punishment in the criminal coae are
also included"
Rate Making Power.
The Interstate Cmmerce Commits
sion and the Department OF justice
by the exercise of the utmost diii
gence, can discover and prohibit only
small percentage of the discrimina
tory practices which actually exist. y
seems probable that the direct pay
ment OF rebates In money has largel!
diminished. It is alleged to be true
and the evidence before this depart
ment, SO far as It goes tends to sup
port the allegations, that, thougf
clothed and disguised by various de
vices, the practice Of giving one ship
per preferential treatment over an
other in like situation, in substance
still continues.
IF the power, upon complaint, Y
fix a future maximum rate and put
into effect within reasonable time
subject to appeal to the courts. shoul
be given to some administrative bod
created by Congress-, weapol
fContlnlAd a. pauA FouK1