Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1905-01-21
he DOES NOT
WANT TO TESTIFY
Paul Merton Has Cancelled
his Plans TO Go TO
Chicago.

uary 4, says;
Secretary Of the Navy Morton can.
relIed hls plans for going TO Chicago
today to appear before tho Interstate
con.morce commission after President
Ripley withdrew his request for a re.
hearing In the santa Re rebate case.
II there was "barofaced disregard OF
law" Mr. Morton apparently thinks
thai the least said about Il In public
the better.
The secretary declines to comment
on ne new phase Of the situation. Il
h not nov expected that he will issue
a statement explaining his connection
with the ease. ne may. however take
advantage OF some future develop
ment that will enable him to present
his side. without seeming TO he on the
defensive. For the present he has
backed dUwn in unison with Mr. RIP
Icy from tho stand he took lest week.
waen he said he would make a state.
ment
Secretary Morton's position here
continues to be embarrassing and
there Is much speculation as TO the
effect ON him II the attorney general
should institute proceedings In the
courts. whether the attorney general
viii take such a step Is unknown at
this time.
The only additional development In
the case. 80 fRr as the Interstate com
morce commission Is concerned, viii
be the fiiing Of briefs by both parties,
for which time has been granted.
The santa Re case again occupies
an important place In public discus
sion a. a result OF President Rlploys
withdrawal Of his request for re-
hearing No surprise is expressed BY
any member OF the Interstate com.
mcrce commission or by any one olno
who has followed the case that Mr..
Ripley acted as he did. In fact. Com.
missioner Prouty is understood 20
have expressed the opinion a few days
ago that the hearing SGT for Monday
at Chicago would never BIO held.
"The Santa Fc made bluff. and u
was called" said an oficlal Of the
commission today. II Is my belief
that Mr.. Ripley never had any inten'
ton of appearing before the commits.
slog. and that he was ayorse 10 having
a further hearing. ! do not see that
another hearing would serve any use
fuI purpose. TIE Santa Fe paid a 70
bate to the Colorado Fuel aud lrOu
company, and is traffc manager, SIR,
Riddle. admitted this to be the fact
The facts are also brought out In the
papers In the case. That Is all theic ID
to A. The commission has all the EVIL
dence before Il needed TO come TO q
decision.
NO decision has yet been reached
" the Interstate commerce commits
sion a. 10 when Il will dispose Of the
Santa Fe case. II will be taken M
soon 10 determine whether II shall be
passed ON to the attorney general q
take such action aa he may deem
proper Tho discrimination complained
Of was discontinued November % last
after having been in operation about
four years.
The commission Ia sr lshed that the
railroad company has ceased paylnl
the rebate. hut this does rot NEAR
that there will be no prosecution. The
commission formerly prosecuted Ia
own cases. but this work Is now doE'
under the direction ~ the a Jrnel
general There II a possibility, o.
course, that the case may not find IA
way into the court, but Commissioner
prouty IA understood 20 be OF the opin
ion that an action should be author
lied. II takes a majority vote Of th'
commission 10 refer a case to the De
partment Of justice,
When the commission will meet fo
the purpose OF acting on the Santa y
has not yet been decided. The commits
sion has several engagements 70 holt
hearings. and IL at present crowde'
with work. For that reason Il may b
several days before the case OF thu
santa re Is reached.
The president sent 10 the senate lhi
nomination OF James u. Yoomans o
Iowa 10 be Interstate commerce com
missioner. This Is a reappointmens
Mr.. Yoemans' term expired on Jan
nary G. He will serve until March 4
II e. understood, whom he will be sue
eeoded by Senator Cockrell OF Mis-
sourl. whose term In tho senate on
plres then. The president has signihel
his purpose OF appointing Senate
Cockrell to the commission.