The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1905-12-07
Annual Report Of Attorney Gen.
eraI Shows Difficulty OF En-
forcing Elkins' Act.
CAN'T PREVENT REBATES
Railroads and Shippers, Alike Guilty
Hesitate TO Retrsy Each Other
Present Law Needs I'm
Important Additions.

Attorney General Moody to congress,
was made public ut noon today. In
part. II follows: ,
I nave the honor TO invite the attcn1
ton OF the congress to the condition I'M
which the department OF justice finds,
itself from the lack OF adequate or
even decent accommodations.
Six years q the department build
Ing on Pennsylvania avenue was con-
detnne as unsafe. and the attorney
general and all OF his ~subordinatea were,
driven TO the street To ind refuge
whore they could. TIL department now
In occupying seven rented buildings. Sit
uated In different parts OF the city. ut
an annual rental OF $685. 500.
This condition is i~nconvenicnt, uneco-
nomical N humlliating. wen II. o o
after h converting OF the next con-
gress. authority TO secure a site for a
building and to prepare plans for sub
mission to congress were given. several
years would elapse before h remedy
would become effective.
The puSlic Interests urgently demand
tile appointment of ianothcr. judge for
the southern district al New York.
which includes within It's territory the
city OF New York.
Misconduct in Office.
After experience In pending cases.
and notably the cotton Teak case.
and after careful reflection. I am con-
WINGED that the federal statutory law
should make misconduct In Office an
onense throughout the United states
Its present local meaning and appiica-
ton should be enlarged for purposes or
punishment Substantially and for psr-
poses OF removal for trial In general
between all the districts OF the United
States. The scope OF the crime under
the common law should be reduced to-
VE.alua nnnalHnntlnn IL Ia Nrtla M n
mere possibility. as the matter stands
Mt present. that irregularities and mis-
behavior, which are blamablc but
trinlng. may be included In the detini-
ton OF the .onense: but the most serious
and essentially criminal matters which
now escape definition n punishment
In the criminal code are also included.
Difficulty Of Supervising Discrimination,
Several cases. In which IL Is alleged
there have been violations OF the
Elkins act. have been prepared. placed
In tho hands OF the district attorneys
I'm three different states. and Will o
be submitted TO the grand turies FOR
their action.
In ali cases in which the evidence,
has been furnished TO the department
OF violations OF tho Elkins net appro-
pirate action has been taken. IL Isl
impossible for the department TO prof.
reed upon rumor or upon any basis ex-
cept evidence. The department OF JUS
tice Is not equipped with any force
h duties are To obtain evidence Of
violations of law. and relies to "A n
siderable extent upon the informationl
obtained by the Interstate Commerce.
commission. Rebates. determinations.
and departures. from published rates
are secret crimes. usually known only!
to the shippers CONCERNED and the ON
cials OF the railroad. and ordinarily can
he proved only by the confession OF
some one OF the persons Implicated In
the wrongdoing.
OricIals OF railroads havc In general
terms assured me OF their willingness
to aid the department In every way I'm
enforcing the provisions OF . the law
against rebates. determinations, and
departurcs from published rates, but
have declined to render the only as
sistancc that would be OF the slightest
value. namely. the furnishing OF owl
dencc proving the onense.
Will Not Turn States Evidence.
To every casc OF this kind there are
two guilty parties. The department has
been, and ls. willing To- accept the EVIL
dcnce either OF the shipper or OF the
railroad official, giving him the immun-
fly from prosecution which would result
from the use OF the evidence. and "a.
proceed by indictment against the other
guilty party. But. FOR reasons which
will not be appreciated by all. men nave
shrunk from ~bctraying their confedcr-
ntca. The cases. therefore, In which
evidence has been or VIII be obtained
arc occasional and exceptional. and an
less we are content to allow the evil
OF the discriminatory practice by COM
mon carriers to continue. with 10Y and
then the punishment OF a detected
crime. some remedy which reaches
deencr than any law now upon the
statute book must be found
The Interstate Commerce commits
sion and the department OF justice. by.
the exercise OF the utmost diligence.
can discover and prohibit or punish only
n small percentage OF the dlscrimina-
tory practices which actually exist. II
Seems probable that the direct pay
ment OF rebates tn money has largely
diminished. IL is alleged To be true. and
M evidence before this department, so
far as II goes. tends TO support the al
legation. that. though clothed N dis
guised by vcrIous devices. the practice
OF giving one shipper preferential treat
ment over another In like situation. In
substance, still continues.