The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-03
Says Interest ate Commerce Com
mission Is Unfit.
USED AS A" CAT'S-PAW''
Outcome of C. F. & /. Rebate
Case VIII Be Interesting.
What Paul Morton Says on the
Subject.


commerce law and that the interstate
commerce commission has been used
as a cats paw in the furtherance of
suit for damages is the answer
made by President E. P. Ripley of the
Santa Fe to charges made against the
road.
1.-THE interstate commerce commits
sion has permitted itself to be used
as a cats paw in furtherance of a
suit for damages instituted by a coal
company located in a totally different
section of country, and which has
neither been injured nor Disseminated
against by the action on which the
complaint is based,' says Mr.. Ripley.
''This suit has been brought in New
Mexico and the railway company is
willing and ready to try such suit on
it's merits before the court selected by
the plaintiff. 1t would seem, however
that the coal company is making the
effort to try its case before the COM
mission and in the newspapers for
the purpose of creating public preju-
dice in it's favor.
Contrary to its usual practice, a
copy of the order of the commission
directing an investigation of the case
in Ell PasO, Texas, was not mailed or
sent to the officers of the railway COM
pany, and they did not know of it's
scope until they appeared before the
was the investigation and hearing
conducted because of any specific
complaint of injurious discrimination
in rates, but because of general
to have heard, that the coal rates in
this territory were out of line
"One of the morning papers quotes
a member of the Interstate commits
sion as saying that in all his ex-
perience he has never seen such bare
faced disregard of law as is mani
Tested in this case. This statement is
made to the public immediately after
the close of the hearing. and in the
face of the fact that it was fully
demonstrated at that hearing that
there had been at least no violation of
the spirit of the law and that nobody
had been injured.
but however this may be- and ad-
hitting that there may be honest Diff
ferences of opinion, what is to be said
of the propriety of one member of A
quasi-judicial body passing upon the
case at bar before it has been argued
by those interested or considered by
the body as a whole?
IF anything is needed to demon
strate the nonjudicial and partisan
character of the present commission
and its utter unfftness to pass in a
sane and nonpartisan way on ques-
lions like these, it is here furnished
in a striking way.
at do not believe that Secretary
Morton ever told President Roosevelt
or any one else that the Santa Fe road
had violated the interstate commerce
law" said Mr.. Ripley, "and until
hear from Mr.. Morton himself to the
contrary I shall continue to believe
as I do.
1T is absolutely false that Mr..
Morton has or had any financial in
terest in the Colorado Fuel and Iron
company, and other statements of a
similar character lead me to the con-
clusion that the whole story is I'M
true.
at have not heard anything further
from Commissioner Prouty or any of
the other commissioners, and, as far
as am concerned, I shall let the
get into a controversy"
Mr.. Morton's Statement.
Chicago, Jan. 3.-As a result of the
publication of the story of the inter
state commerce commissions revela-
tor of rate determinations by the San
ia = Railroad company in favor of
the Colorado Fuel and Iron company
amounting to about 100000 a year, it
has transpired that Secretary of the
Navy Paul Morton called upon the
president recently to explain his con-
nection with the granting Of these re-
bates. The secret order on which the
rebates were given was issued while |
he was in supreme charge of the rail-
ways traffic department as second vice |
president
According to tie Washington dis
patches which conveyed this informa- |
ton Mr.. Morton admitted to the presi- |
dent that the rebating-which has been |
by Interstate Commerce |
Commissioner Prouty as "the most |
0arefaced disregard of the law that had |
ever come to his knoWledg e''-vas or |
1ered by Traffic Manager Biddle. Mr.. |
Morton further admitted that this ac-
lion was reported by Mr.. Biddle to him, |
IS Mr.. Biddle's superior officer, and |
that he (Mr- Morton) had reported his |
action in turn to President Ripley.
AS it is generally understood that ME-. |
Morton was made a, member of the |
cabinet in order that the president |
might have the benefit of his advice in |
he administration fight on rebates, |
and as it is also evident by the admis-
sions of both Mr.. Biddle and Mr.. Nor |
ON that the latter was a party to the t
ate discrimina ton, the president is re-
ported in a dispatch as being greatly
by the awkward situation in
which he as we'll as Mr.. Morton is
placed. He, however, is reported as
having said he has the greatest conf
lence in Mr.. Morton.
Mr.. Morton is reported to have said:
"I don't care to talk railroad matters.
Everybody knows all about the case I
will say, however. that what Mr.. Bid
lie did was exactly right in my judg-
nent, and if had been in his place 1 [
hould have done the same thing"
Issues Secret Tariff Schedule.
The records of the interstate COM
nerce commission show that there was
lied with it by the Santa F'e railroad
N August f. 1902 a tariff numbered Il.
:. c. No. 1853" making 81 per ton of
900 pounds the rate on soft coal from
he Trinidad (Col) coal district to
0eming, n. NJ.
Without notice to the commission the
santa Fe company issued on August IS.
90., a special tariff on coal, headed
This publication is for the information
f employees only and must not be Civ
n to the public This special tariff,
eproduced herewith, shows the actual
ates received by the Santa F'e system
n coal shipped by the Colorado Fuel
Z Iron company, the rates in all cases
cling less than the rates fiIed with the