New-York tribune., 1905-06-22

70 the the departsre from the published rates by the
chso on the PSsorada aa I and Iron Company
within the OF the inJuncsion ahs eVioenGe ,
ness that that injunction has bee violated and the
railroad company has been guilty Oh contempt u
But you go further and reconr1pSend proceedings i
Guiding presumably the gresidsrt fae S rsn
dent in charge d Of the ne trans and Other oees
whose duties relate to the trafSsp't laii o eis''
clearly Of opIn0g 5t the af the hspSrt ssstmohy Gd shs
somms@son @ with tss serlsd Would b sufcent basis
for an attachment in contempt against the coi
ha%e eaa eaamined m ii report transcript Of
the testimony taken by the o Som fhe eondt Of any
except minor officials and Mr.. Biddle who ma may
fuiin before lie commission. For instance to be
specific the Is not syabbe II tbe a n6 g. or Mr Nor
MIR MIR pley fheb one g. It's Vice-presden
ne9n s6e6 rates m favor of the Colorado and Iron
COMPANY or that they sd" to or t,4s company in
any manner different from that preeern6ed ns 9g tds
Upen s ia anf be remoest way referred in test
mony or in the report of the colis % sbi ate of
facts these officials subject to a Penday a l9f IF
contempt & OF count a5non Mor thf upon such state of
facts any individual would be liable to e
has been that as corpora tons must always act
through their officers and agents. there I st a. 4be
management of their affairs are responsible for the
ton: that that presumption warrants an farcusa-
ton contempt against itsA oiGers a ana gen
that upon inyestgation of me aceusabon egst m
not the Officers accused have themselves been guilty
of any conduct which has aided in br1ngnsg @ dr Lne
cornoraton into contempt of court. DO not unoer-
stand. however that without shch evidenee you
W. woTld s be % OF e iPP,en penay for s contempt
After great consideration an OF the the nss op,nion
ton and that an accusation so grave in its char
Gqg II se nSs to be edence m
realize fully that I have the power % make axe
possesson rSe Of the power Carries with It 9wever
he responsibility for its SIn sGTnu}0qs have stated
have reached the conclusion that l ought not to
fempt maKs es asanI the oceGs Of the railway company
have felt that it was due to you that you should
entertain and the reasons which have controlled my
I have submitted the foregoing to the President
and he authorizes to that he approves the
~hleh fof conept Of the Injunction be be-
gun against the railroad company only
REsIGNATIoNs TBNDERED.
The letter in reply TO this contains the, ,resfgna-
tions of Messrs. Harmon and Judsson on June g.
We have received and carefully considered your
approve our recommendation OF February % last,
letter of April IL. We appreciate the very great
weight to be given your conclusion a b1 ah we saee ARE
and It's Importance as poeeedent We feel fe fneFe f
so s0T fhf5 tns we In Wag nogr stef fes
It is true that the report of the Interstate Com
show that the law had been Violated without at
tempting to Fl fix m the 0R any
for this was that the commission limited Its in
Quiry to the mere fact OF such violation, and so
The violation by ootporataon of an intunetton June ion
a rule against such of them as had control of It's
personally responsible They are prima face guilty
of disobedence 1t was their duty to see tnat t9e ne
The necessity of this rule is eppaEsnt. as well as as
i+C f1ISripo act
knowledge Of such officers and OF subordinates un-
ay be- caed accidental thers are no means Of
discovering the facts except by such a proceeding
This Well established rule, which is sufficient to
hand rule against the controlling officers of the
] osn.fon % bH she e9u! Of the responsibility incident
panaion rG ist and not properiy speaking an accusa-
tion" The action of the corporation is necessarily
Who hsd eharse of the aeDaTtnent ia Question.
aSa ut eae mo 6E f pTme ea
or judcfally noticed are evidence. The proceeding
on the contrary is the natural and ordinary one in
what We have said is peculiarly of the great
corporations OF our day. They cannot be imprfs-
quate. but reaches the real cuprts only lightly if
at all The evils with which we are now con-
fronted are corporate in naEne. but individual in
fact Guilt is always personal So long as officials
be effective When the government searches out
the guilty men and makes corporate wrongdoing
win be obeyed INC &c"
Your opinion always commands great respect.
which is BY means to slr office alone and
we appreciate the deep official resporisibiI-
stances Of our appointment j q Iose certain inde-
penoent responsibility upon US which we feel would
not not be met by proceeding against the corpora
We. therefore. consider that we have now dis
CHARGED ~ the he duty which You did US the honor
your constant courtesy and consderation we re re-.
JUDsoN HARMON
FREDERICK N. JUDSON
The designations accepted by the Attorney
General. in letter to the counsel dated June IL
In this letter Mr Moody says:
I regret your conclusion, but not doubling that
You have arrived at it after great consideration
was impressed with the fact that the inVesti-
son. gaIi0n OF the subject made by the Interstate
@ I3r ITS ITS purposes was insufficient for the purposes
Shipments Of coal under the rate n0t %hpd pus5a
were subject TO the control of the federal gov
state Commerce law was not made at all clear
by the report Of the commission. Moreover. hav-
the Circuit Court of Missouri that REPORT leaves
ton was between the States, the restraining or
der being by its terms directed against transporta-
port of the commission and the testimony taken
before it silent to Individual responsibility
which show that the law had been en-" violated
without attempting 10 ta lN Fespo9sibty on any
1 had hoped that you would find it practicable
least in the respects above mentoned bfTe dat at
termining upon the character of the proceedings
be taken for the vndication of the law
have believed that this information should pre-
cede action and tnat ACTON should be based upon
the commissions report or the presumed respon-
acts.
! fully appreciate the weight of the reasons
led you to a contrary conclusion. In accepting
your resignations. permit pc me to assure you Of
W. H. MOODY. Attorney General.