Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1905-07-21
THE PREsIDEN IT. BLUNDERs.

THE PRESIDENT BLUNDERs.
To cay that the president has blund.
cred in the Santa e case is to express
but mildly what might be expressed
more hsrshly q on another page will
be found q review of the facts in the
case. The eminent attorneys selected
by the administration to investigate
the case. Messrs Harmon and Judson,
reported in favor Of bringing con.
tempt proceedings against the officials
of the Santa Fe railroad for violating
an injunction. Secretary Morton as
one of the officials of the Santa Fe
was included among the officers to be
prosecuted. Attorney General Moody,
with President Roosevelt's approval,
refused to follow the recommendation
of Messrs. Harmon and Judson. To
justify the failure to prosecute the
Santa Fe officials the president takes
a position, which if adhered to, will
very much embarass the prosecution
of railroads and trust officials. First
he distinguishes between a corpor-
alton and its officers and insists that
it is not only necessary to show that
the corporation has violated the law
but that the responsible officials Of the
corporation must be shown to be gull.
ty. The governments special attor.
ney pointed out that the evidence
was in the keeping of the company
and would be brought out best on
trail, but the president replies that
the guilty must be filed In advance on
some particular officer. And then he
proceeds to say that In the case Of
the antitrust law he has not at
tempted to .punish-- the head of cor.
porations violating the law, but has
simply endeavored to stop the viola
tions. BE cites merger case and the
beef trust case to show that he did
not prosecute officials. Yes, and he
has been subjected to just criticism
for his failure to enforce the criminal
law in this case. Justice Holmes in
his dissenting opinion in merger cases
pointed out that the officials should
be prosecuted crimlnallv If the merger
was unlawful. The president..does not
hesitate to punish petty criminals {;
why should he be 40 tender with large
ones1 When q man sells q gallon Of
whiskev without license the president
does not enjoin him from doing 80 any
more, he prosecutes him and makes
him feel the penalty Of the law why
doe. he hesitate TO prosecute ::::the big
men who trample upon the statotes
and the orders of the courts 1.SThe
president has used gooa zeal of high
sounding language about the enforce
ment of the law, and no one doubts
that he means it when he apples the
language to.,small offenders. :.s.but does
he mean it when the offenders are
prominent and when millions instead
of hundreds are involved2 He seems
inclined to amend the commandment
as to make il read :- -. Thou shalt moi
steal'-on a small scale"
= The president errs when he justidet
a refusal to prosecute the Santa FL
officials because other corporate Off
Gals have escaped punishment. 81
cites the case of the Harvester trust
but why has he not prosecuted thai
trust If it il guilty. IF it Is not gull
ty, then the illustration....lose it
force; If it Is guilty it ought to b.
punished. It IL absurd to fret over
look it's violations and then use tn
immunity granted to 1t as reason
for granting immunity to the SAINTS
Fe. But the president, apparentl!
consciou. that his excuses are weak
piles one upon another In vain effor
to fortify his position. He not onl.
lays down a DANGEROUS principle whel
he says that after proving the corpora
tion entity the government must mo
prosecute until 1t shows guilty know
ledge in the officers In charge: and b
not only submits q palpabl7 rabsur'
defecse when he pleads failure t
prosecute one corporation to justify
failure to prosecute another, but h
singles Secretary Morton out TO
eulogy and declares that If he wa
going to prosecute corporate official
he would not begin with him. Tn
presidents statement bears evidenc
Of being prepared for the sole purpos
of shielding friend.
Many we'll wishers Of the presideu
have felt that Mr.. Morton's appoint
ment was q mistake and that his pref
ence in the cabinet was bar to an
effective punishment Of railroad off
, cials, but the full extent of Mr.. Mo-
: tons evil influence was not under
- atood 1nfil tho nrea36ont'a latter n