Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1905-07-11
4 :. !. !. Il u Il
Champ
= !. Letter *
4 Il II II It 4 n
Especial Washington Letter.

" KIN lGhlol hhOlCs AOI " SAI ok6s
founding, theory set forth by
Hon. William a. Moody, attor-
ney general Of the United
States, to the effect that Secretary
Morton and other high officials of the
Santa Fe Railroad company knew
nothing of illegal rebates, but that they
were granted by minor officers "unbe-
knownst" to the bigwigs. makes even
intelligent Republicans uneasy. The
st. Louis Globe-D Democrat Republic
an paper of the strictest sect, is un-
easy, as is shown by a long and care
full editorial. 1t is long to quote here,
but, considering the source, it is stron-
ger than anything could write. While
very moderate in tone and statement,
a critical reading will show that 1t is
dissatisfied, If not bewildered, by this
bald attempt to catch the little fish
while permitting the big ones to es-
cape. That there may be no mistake
about 1t here is the editorial entire:
The Santa Fe rebate inquiry, which has
Just been concluded in its preliminary
phase SO far as regards the presidents
offers some difficulties. According to o
report of the interstate commerce COM
mission, the Santa Fe road had been. from
August 1902, to December, 1904 granting
secret rebates to the Colorado Fuel and
Iron company. Messrs. Frederick n. JUDI
son OF St. Louis and ex-Attorney General
Judson Harmon Of Cincinnati the special
counsel employed by the government to
look into this case, found that the evil
dence justified the commissions report
and recommended that the officers Of the
road be prosecuted for contempt Of court
In violating the United States courts Or
der issued in 1902 against granting re-
bates. The fact that Paul Morton. the
secretary of the navy. was q high ofacer
Of the road during most of the time that
1t was doing these things and had charge
OF It's freight traffic gave the case Z na-
tional interest.
| Attorney General Moody, however, op-
posed the prosecution OF the roads on
GERS, asserting that there was no eva-
dence to show that they knew tho
road, after the courts order came out,
was doing any work for the Colorado Fuel
and Iron company below the published
tariff scale. The rebates were granted
by the minor officers, 30 the attorney gem
eral intimates. Morton IN explanation
said that the cut in rates was made ia
| 1901, previous to the courts restraining
order. AS soon as that order was tasssad
in 1909. Morton says he directed his sub
ordinates to obey It. He gave further In
structions OF the same sort In 1903, when
the Elkins act was passed. These In
structions were not obeyed, he says, but
their violation was the work Of suoordi-
nate officers. Neither he hinseH nor tho
president nor traffic manager OF tho road
knew that they were violated. Conse-
Quently, he declares. he and they were
Il ~ 2ovS 10 data S.A
| face of things. 1t - rather surprising Il
men in their position did not know Of the
infringement OF the courts restraining
order However, no direct and POSITIVE
testimony has been obtained to show tia.
Morton or the other high ofncefs knew
that the rebates were being continued.
and Attorney General Moody takes 4he
ground that they were innocent. 9hs
president indorses the attorney genssays
view and passes q eulogy on Norton ~
an able official Of the Governmont.
| But this Is not the end Of the case.
| Judson and Harmon have seS1gned BE-
cause of the refusal Of the govsrnnsu4 to
bring Morton and the other ofaosE1 into
| court under contempt proceedings. The
| president directs that contempt proceed
ings be instituted against the Santa n
| road as a corporation, and Il evidence Of
a willful violation Of the courts antirebat1
order be found then the attorney OsessA
will proceed as he 10 now doing In TIL
case OF the beef packers In Chicago. ~
the same time the president makes Il pla1r
that no proceedings shall be taken against
1 the Santa Fe except what would be taaper
against any other road under similar con.
ditions. There 10 still chance. Therefore
to get at the full truth Of the matter Of The
higher officers knowledge Of ths rebatea
after the courts restraining decree. Nor.
| ton is no longer member Of the cabinet
- ~ .<f~s
interest In the AFFAIR will be lost Justtce
however. demands that the isysstisastor
proceed until all the facts II the case ~
laid bare. The governmeuts duty IA the
matter is plain. Now that crusade - 4
be made against the granting q rebates
and that this is to be a part OF tie eenesa.
railroad issue which the president Ia t
make prominent as soon as congress-
meets. the inquiry In the prevent cast
should be made thorough. No guilty per.
son, however high his station, should b,
allowed to escape.
There can be no question that thu
last sentence in the foregoing quota
ton expresses the sentiment Of ever
honest man in all this broad land. i
is constantly charged that prominen
citizens are more liable to escape pun
ishment or to be punished more leui
/ emily for crimes committed than ar,
i the poor; the humble and the obscure
That there is some truth In the charg
/, cannot be doubted, and that unfoEtu
j. natefact has tendency to bring our o.
D tire system of Jurisprudence into coz
j tempt. No man should be too high o
too low to be punished for violation 0
law.
In this matter the theory that mtno
officials are tho only sinners L. prepoa
ferrous and will fool nobody-not Hvsl
the idiots.
i Worth Knowing.
To save all newspapers outside 0
Missouri, and many inside the state
from worrying about Governor Tol
running for governor in 1908, 1t is wei
to state that governor Of Missoul
: cannot hold two consecutive terms 8
long as the present constitution er
; dures. Indeed it was only under th
? Drake constitution, adopted In 18o
and superseded by the present const
tuition In 1875, that governor Of Nil
souri, could succeed himself. Unde
the Drake constitution the guberna
torial term was only two years Unde
all other constitutions the term ha
been and is four years. It is an interes
ing fact that while, under the pHak