The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1905-06-22
HOW PRESIDENT
SHIELDS MORTON
s
Tied Hands Of Special Counsel
in RebateaCase
AND LET HIM HIDE
BEHIND HIS CORPORATION, THE
sANTE FE RAiLRoAD-ATToR-
NEYs HARMON AND Jup-
SON DISGUsTED.

washington, June Embarrassing |
communications were made public
here today showing the reason for re-
tirement from the prosecution of the
rebate cases aga nst the Atchison and
Sante Fe railroad of former Attorney
General Judson Harmon and Fred
erick N. Judson. Thew were special
counsel for the government in the
cases and recently resigned when the
administration refused to sue out an
attachment against the officers of the
Sante Fe because it would involve
Secretary Paul Morton, formerly vice
president of the railroad.
The administration was willing to
proceed against the railroad, but not
again the railroad officers. This did
not go far enough to suit the special
counsel.
Moody and President Opposed 1t.
Attorney General Moody opposed
bringing the contempt proceedings on
the ground that while the evidence
before the commission might show a
violation CT the Injunction by the road.
It contained nothing connecting any
officer Of the company with such vio-
Iation. President Roosevelt took the
same view. Both the president and
the attorney general agreed that con-
tempt proceedings should be instituted
impersonally against the corporation.
The decision prompted the with.
drawal of Messrs. Judson and Har.
mon from the case.
Special Counseis Reasons.
In their letter Of withdrawal special
counsel said:
WE have received and carefully
considered your letter of 10th ulto.,
and regret that you do not approve
our recommendation OF February 2Sth
last, which we repeated with further
reasons in our letter Of April nth. We
appreciate the very great weight to
be given your conclusion, but we are
deeply impressed with the gravity OF
the matter and its Importance as a
precedent. We feel, therefore, that
we may, without impropriety, refer to
some things in your letter.
ut is true that the report of the
] Interstate commerce commission
merely stated the facts which show
/ that the law had been violated, with
out attempting to fix responsibility OIL
any particular officers of the railroad
company. The reason for this was
/ that the commission limited It's In
/ quiry to the mere face Of such viola
tion, and so stated. (See testimony
Ipage 1341)
"The violation by corporation d
an injunction directed against 1t ant
its officers always calls for rule
against such Of them as had contro
of its conduct to show cause why the,
should not be held personally respons
ible They are prima facie guilty o
disobedience. 1t was their duty Il
/ see that the acts forbidden were no
done as well as not to do them.
i "The necessity of this rule is ap
parent as well as its justice Th
facts are peculiarly within the know
edge Of such officers and Of subordin
ates under their control. Except II
cases SO rare that they may be calle
accidental, there are no means of dis
covering the facts by such a proceed
ing as we have advised.
4 The Rule Was Sufficient.
This well established rule, whic
4 is sufficient to justify the action prt
pof ed In any case, seemed and sti
seems to us peculiarly to fit the cas-
In hand. rule against the contrQ
to show cause Is simply the recogn
tion by the court of the responsibilit
incident to their official relation
is demand for an explanation an
not, properly speaking, an accusation
The action Of the corporation Is nece
sarily presumptive evidence again.
its princ'p pal officers who had chafg
!. OF the department in question,
I'VE fully concur that no procee,
ing should be commenced without q
I idence, but facts presumed or judicia
ly noticed are evidence. The procee,
ing we recommend is not unusual {
I exceptional, bur, on the contrary.
! the natural and ordinary cne In sue
cases
Some Straight Talk.
/, what we have said Is peculiar
, true Of the great corporations Of OF
day They cannot be imprisoned ar
!. punishment by fine is not only mad
Iquate but reaches the real culpri
4 only slightly, II at all. The evils wi
!, which we are now confronted are CO
4 porate In name but individual In fax
Guilt IL always personal SO long
(, officials can hide behind their corr
> rations, no remedy can be effectiy
a Then the government searches out h
!. guilty men and makes corpora
8 wrong-doing mean personal punis
!.