Daily press. [volume] (Newport News, Va.) 1896-current, 1905-06-22
President and Attorney General
Would Not Permit Proceeding
for Contempt of Court.
INVOLVING HON. PAUL MORTON
Special Counsel Thersupon Spoke
Sore Plain and saIutary Truths.
Straight From Shoulder and Retired
From The csse-corpo cate vil'ainies
VIII Individual SOURCES.
tBy Associated prcss.)

tBy Associated Prcss)
WASHINGTON. June 2l.-Prcsidcni
V .oe.:: cit las taken nct asinn to en-
lnhs himself in must positive tcrir:s
complimentary of the integrity AMI
al.li,y of Paul Morton. former vice
pres! 'rnt Of The Atchsnn, Topeka Il
Santa Fe RAILROAD, AMI new coIrlui.
!i'.s his :lntics AS sccrriar. of The navy
tia; he NAY assume the cl.airmanshi,,
CT The liz ard of dirc'itrS ri Tho Euuit-
able Life Assurance Society. r!rSr OK.
:r.'s.sinns are contained in two letters,
ohc addressed In tile attorney general
aIl.! The n.''rr IL Mr. Mnrtail. Vh. let
;rtS we'c ii:nir public today by the
administration tngther with Il mlirihCr
1f others. w!Iicn, taken together show
II precise ~ int of difference between
tho department Of Justice amI McSsrs.
Harmon AMI Judson. who recently rr-
signed as SPECIAL ct.,lnt. for tn. CIV
. ernn.Gnt in he rebate case involvin,
e." Santr l'r road, ai.I the Colorado
Fuel and Iron Company. Tho spe-
tIal Counsel wished tn bring contempt
proceedings against the officers of the
'IratI. which would have included MIR
Morton Their position was that tho
testimony adduccd before the Inter
Stat. Commerce Commission cstab-
lishcd violation of the court order Of
March %. 1902, restraining The com
/ pany from The execution uf any agree.
ment to intc"pOSc Interstate traffic
rates lower than the published tariff
of the road
.iN Prina Facia Case.
T!lii testimony the lawyers con.
tended constituted a priiiia facia case
against the officers of the road and the
only way To- ascertain their guilt or in
nocencc was through contempt pro-
creding
Attorney General Moody opposed Tie!
contempt proceeding on the grounds;
that while the evidence before the
on.nlission might show violation of,
! the injunction. il contained nothing
connecting any officer of The company
with such violation. President Rcosc
volt took the same view Both tie
president and tic attorney general
agreed that contempt proceedings
should he Instituted imrersonally
against the corporations in both the
Colorado Fuel ard the Intrrnat:ona,
Harvester case. The latter case, the
'pre:,i"':nt says. stands exactly on the
SANE ft o.ins and involves all OF The
western roads
The corrcs ondence began with
Letter ON Messis. Harmon and .Tud
son e tho attorney general dated
February last, in which was review
OF the testimony in the Colorado Fuel
case bafre TIE Interstate Commerce.
Crn!tnssio with the conclusion that
violation Of the Injunction has con
sicwn In part The letter said:
i'si' 4 Rebate to the Road.
From August. 1902. until Decem.
Der. 15pf, the railway company. re-
fsrring to the Sante Fe, continuously
transported coal for the Colorado Fue!
and lion Company al less than the
published rates then in force. frot
various rnints in Colorado and else.
WIRE to I'll Paso, Tex, I'eniUg N.
M and other Places to which sIc!
transportation was Interstate com.
'nerce. This was done by secret arrange
mSEt between the two companies. I'M
Ser Which the coal was apparently bill,
cd At the published rate of freight, nj
dough it fact. the price cf the coal
WIS included. The railroad company
collected tie amount sl,owl, by tn.
billing ami paid over part Of il To
the fucl company as the price of the
coal. making the real charge for trans.
iurtation less than the published rate
bf just tl,a. amount At the same tino
the raies given AMI charged ether
slippers were the published tariff
:a;es without any deduction, This
plan. and the way 1t was carried out.
p'a'nl, indicate an intention t. dc.
ceivo the government aud the public.
ahi TO enable the facl company to