The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-06-22
ROOSEVELT SINGS
MORTON'S PRAISE
President Warmly Defends Score
tary Of Navy in Santa
Ee Case.
EVIL IN THE SYSTEM,
BUT NOT IN THE MAN
Chief Executive Vetoes Rebate
Prosecution and Extols MIR.
Morton.

Morton.
Washington, June 22-Paul Morton
has received a "send-off" from Presi-
dent Roosevelt which is calculated to
make him feel quite satisfied with his
position before the public. 1t came
about in, this way:
Messrs. Harmon and Judson, who
were engaged as special counsel for
the government in the rebate case IN
volving the Santa Fe road and the Col
orado Fuel & Iron company, desired to
bring contempt proceedings against Of
icers of the road, which would have
included Mr.. Morton. They held
that the testimony before the inter
state commerce commission constituted
a prima facie violation of the court or
der of March rs, 1902, restraining the
Sante Fe Railroad company from exc
cutting any agreement to transport IN
terstate traffic at rates lower than the
published tariffs.
Moody Opposed Action.
Attorney General Moody opposed
contempt proceedings against the Off
GERS on the ground that while the evil
dence might show a violation of the in
junction by the road it contained moth
50 ing connecting. any particular officers
of the company with such violation.
The president took the same view ard
he and the attorney general agreed
that proceedings should be instituted
impersonally against the railroad cor
poration in both the Colorado Fuel and
the International Harvester cases.
This matter has been the subject of
voluminous correspondence beginning
February % last. In their first let
ter Messrs. Harmon and Judson write
to the attorney general reciting what
they have discovered as to the exist
ence OF secret arrangement running
from August, 1902, to November, 1904,
between the two. companies by which
rank discrimination was made by the
railroad company in favor of the Colo
RADIO Fuel company and against compe-
titors.
The special counsel recommended that
the railroad company and all of it's prin-
cscipl officers and agents be arraigaed
for contempt of court They had no
by the. traffic officers of the Sante Fe
railroad and asked permission to insti-
tute proceedings to develop the facts.
Moody's Basis for Stand.
The attorney general, however, while
expressing appreciation of the advice
and recommendations Of the special
counsel, declared himself unable to
reach the conclusion that the evidence
pointed to any particular officers Of the
company as having been guilty of the
otfense of contempt. Speaking of the
report OF the testimony before the in.
terstate commerce commission, Mr.
Moody says:
CT have examined this report and a
transcript of the testimony taken by
the commission. I do not find any tes
timony relating to the conduct of any
except minor officials, and Mr.. Biddle
who may claim to have obtained i'm
munity by testifying fully before the
commission. For instance, to be spe
,cific, there is not syllable of testi
mony that Mr.. Ripley, the president oil
it's vice presidents, had any connection
whatever with the departure from the
published rates in favor of the Colorado
Fuel & Iron company, or that they
knew or suspected that Transportation
was furnished to this company in any
manner different from that prescribed
4 by the open and published rate. Meth
est way referred to in the TESTIMONY
or in the report Of the commission
Surely, it would not be contended tina
upon this state Of facts these Officials
we're W. subject to penalty for contemp
. Needs Evidence in Support.
t'After great consideration, I am O.
the opinion that an accusation so gray
in it's character ought not to be mad
unless there appears before it is mad
some evidence. in support of it.
realize fully that I have the power t.
make. the, accusation and no one cal
question it. The possession Of the pow
or carries with it, however, the RESPONSE
bility for its scrupulous exercise. L
this case, upon the facts which I hav
stated, 1 have reached the conclusio
that I ought not to make the application
for ar attachment for contempt agains
the officers Of the railway company
I have submitted the foregoing to tn
president and he authorizes me to sa
that he approves the conclusion which
have reached and directs that proceed
ings for contempt Of the injunction
begun against the railroad compan
only.
Harmon and Judson Reply.
Upon receipt of this letter, Messr
Harmon and Judson replied sayin
among other things:
sit is true that the report Of the il
terstate commerce commission merel
stated the facts which show that til
law had been violated without attemp
Ing to fix the responsibility on any pa
ticular officers Of the railroad compan,
The reason for this was that the con
mission limited it's inquiry to the mel
fact Of such violation, and so state
The violation by corporation of a
injunction directed against it and i
officers always calls for rule again!
such of them as had control-of its CO.
duct to show cause why they should n,
be held personally responsible. The
are prima facie guilty of disobedienc
1t was their duty to see that the fac
forbidden were not done as well as n,
to do them.
The necessity of this rule, is a
parent as well as it's justice. The fac
are peculiarly within the knowledge !,
such officers and of subordinates und
their control. Except in cases so ra
that they may be called accidents
there are no means of discovering ii
facts except by such proceedings
we have advised.
Not an Accusation.
.sThis well-esta blished rule, which
sufficient to Justify the action propose
=