Custer County Republican. (Broken Bow, Neb.) 1882-1921, 1905-12-21
ENFORCE THE ACT
ORDERS REGARDING THE ELKlNs
ENACTMENT.
ISSUED BY ATTORNEY GENERAL
A Circular Letter to All United States
District Attorneys - Eighty'tiVe OF
Them Directed to at Once Get Busy
Doing Their Duty.

wASHINGTON-Attorney General
Moody sent a circular letter TO all the
United States district attorneys.
eight-fve in number. directing them
vigilantly to enforce the provisions
of the Elkius act against rebates and
determinations OF all kinds by carriers.
The letter follows
To United States Attorneys, An Act
entitled To further regulate commerce
among foreign nations and among the
states" approved February 10, 1905,
(32 Stats. SAD, commonly known as
the Elkins act. is directed against the
rebates and other discriminatory prac-
tees by common carriers. 1t makes
such practices misdemeanors and pro-
yides for their punishment by fines. 1t
further provides for their prohibition
by the injunctive process Of the courts.
There is no provision that criminal
prosecution shall be by the special d.
rection of the attorney general, but in
section iii, it is provided that proceed
ings for Injunction shall be begun
WbCuCNIl INC hhlOllCg bthNlhl oldii
direct" You are directed diligently to
investigate all complaints which may
come TO you from any source, of viola
tons of this law and upon your own
initiative to make Investigations If
there appears to you to be reasonable
ground for suspecting violations of this
law. In every case in which you can
secure sufficient evidence, you will sub
init that evidence to the grand jury,
with a view of securing indictment.
Whnever 1t is practicable it is desir-
able that indictments shall be returned
both against shipper and the carrier.
In some cases, however, it may be i'm
possible to obtain sufficient evidence
without the aid Of the testimony of
one of the guilty parties TO the trans
action. In such a case 1t would be
wise to use such testimony, of course,
affording to the witness or witnesses,
immunity from prosecution.
Under the Elkins law the only pen
atty for its violation is a fine. | sug-
gest to you in all cases where the evil
dence would warrant it, that an indict-
ment for conspiracy to commit an Of
fence against the United States, based
upon section $40 of the Revised Stat
utes. be obtained The supreme court
has held'in Clune against United States
159 U. s., 500, $3.50 that conspiracy
to commit crime itself punishable
only by fine may be punished by i'm
DrigOnmnpt m thn nf N1t Tot Ia;
a conviction upon charge of conspi-
racy of this kind you are directed to
present to the court the desirability
of inflicting the penalty of imprison-
ment to the end that these unlawful
practices, which have received almost
universal condemnation, may be dis
couraged and prevented as far as ex-
listing laws will accomplish that result.
Your attention is especially directed
TO that part of the act which renders
unlawful rebate, concession or dscrim-
mination in the transportation of any
property in interstate or foreign com
merce. whereby any such
property shall by any device whatever
be transported at less rate than that
named in the tariffs published and
filed.
| desire to impress upon you the i'm
portance of using every effort to exc
cute these directions. You will report
to the department from time to time
any action which you may take upon
this subject. Very respectfully,
WILLIAM II. MOODY.
Attorney General