The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-06-23

for some months been e~ndeayorinc to
hnd out whether or not they can obtain
Legal evidence Of such wilful and DELHI
crate violation of the injunction by any
Individual. If the grand jury now sit
ting i'll Chicago, find indictments
against any individuals connected with
the lacking corporations, Il will be be-
cause n their judgment sach legal evil
dence of the violation Of the injunctionI
has been laid before them. If you
at any time get legal evidence of any
such wilful and deliberate violation by
an officer Of the Atchison. Topeka and
Santa Fe OF any other 1Nlroad running!
!, vest Of Chicago. Of the injunction in
! The Colorado Fuel case, Or OF the in
junction In h international Harvest
CT company case, you will OF courseI
proceed as You have already proceeded
in the Chicago Beef Packing cases. But
at present not Only has there been no
such evidence produced, but there has
been no attempt to produce such evil
Cence and as regards to Mr. Morton.
there IS seemingly conclusive testimoE!
to the contrary. You will not, howl
ever. take action against any official
of the Atchrison, Topeka and Santa Eel
railroad. which you do not take against
the official Of any other railroad undei
precisely similar circumstances.
"In both his Colorado Fuel case dndI
iii the international Harvester case II
direct that proceedings for contempt
against the companies be taken by thel
government. Whether, as the cases de-
veiOD, proceedings against Individual
officers becomes necessary must dependi
II each instance upon whether testi-l
mony is obtained showing that such IL
dividual officer has either by act or
c~onnivance been personally guilty in
the matter. If there are any railroads
guilty of the practice which We have
enjoined other railroads from follow
ing, but which nav not themselves
Z. been enjoined, proceedings should be
begun to put them under a similar re-
: straint.
. You have expressed your doubt as
to whether the injunction granted is
in sufficiently explicit terms to cover
2 either the case of the AtchisOn, Hope
ka and Santa Fe railway or the SINH
: lar case of the international Harvest
! CT Company. | agree, however, with
your feeling that even though there Is
such doubt an effort should be made to
e Obtain the Judgment of the court on
II the question.
5 "Sincerely yours,
THEODORE ROOSEVELT.'
"Hon. William II. Moody, Attorney
General:
SECRETARY MORTON TO THE
PRESIDENT.
In a letter 70 President Roosevelt
dated June ;, last, Secretary Morton
a reviewed the rebate case at length. Ht
IL said that until the investigation OF ter
If Interstate Commerce commission lie
did not know how the Colorado US
IS Company business was being halluled
J. his own connection with the case belns
to secure that business to the SAINT;
t. Fe.
I'd Referring to the ~injunctions obtain
to ed against Western railroads, Mr.
Of Morton said:
re- .sIt vas the testimony which | CAV
aIzhefere the Interstate commission OF
= the practices of Western railroads., s.
Of ia ras grain. dressed beef and pro
il xisiOns arrangements We're concerned
lie that it was possible to secure the IL
Sc functions. Without my evidence II
IL quite unlikely that the injunction
vi. could have been obtained. l was any
~ ions TO see all the Western railroad
ce prevented from doing things L kno'
ge were irregular INC calculated TO q
the railroads., as we'll as the pun
Vi generally, great injustice. was aWal
he of the fact that the practices abo
rs which | testified were genera anu the
e. either had to be stopped In some wa
be or they would certainly have grown
great deal worse. .
Or "When the Injunction order was L
or sued by the court, positive lnstructlo
ct, were given by me verbally to my sue
Oh ordinates to comply in every resp
ce; u-ith it's FERNS. When the Elkins bl
N hecame q law early in 1908 all of III
Use instructions were reiterated ana u
all nositive orders issued that under l
Mt, circumstances or conditions would al
Die deviation from the law be per1nltle
om Notwithstanding all these preca
)Se tionS. the old arrangement Oh oillii
NY the coal and coke at Il delivered pr
Or and not separating the frelghI ra
ne from the price of the COMMODITY III u
no tariff was not corrected uhtll soI
fui time last November. 1t was eVlden'
,,o+ rooa,,dod in the tariff printing o
led reau as an irregular arrangement, al
IN entirely escaped attention. 1t mls
or he considered that it was 1nlsplac
ion switch in that bureau ana nelther .
Oily president or the railroad, nor MI d
die. the freight traffic mahasel' Il !
len myself. was any more responsiuie !
sti. # personally than is the president
yer vice president or general manager
eN INV railroad for the train serVI
EMS which may result in a bad wreck;
nat A of our orders We're eareiu |,
i'm. considered and carefully issued .
we'd so far as this particular case Is G
cerned seemed to have oeeE oNerio'
ed.
,ov "Great injustice has been lone
haS mann ement of the Atchison foau
ul- tbis matter. No railroad in the we
)ro- thle ' 49,, hos more clearly recogn
the cru .;chts of the people or m
NC definitely declared itself at an III
lder lii :, +ho West has made m,