The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-06
RAILROAD NEWS.
Santa Fe Rebate Case May Be
Dropped.
Attorney General Moody May
Deny a Trial.
OFFICIALS I'M MI u N IL.
Remarkable Construction of Law
May Protect Witnesses.
Gossip and Matters of Interest
in Railway Circles.
OFFICIALS IMMUNE.

Washington. D. c.. Feb. 6.-There is
a loophole in the Ell1ins law through
which the Santa Fe railroad and all its
officials may escape any prosecution
under the report of the interstate COM
merce commission finding that railroad
guilty of grossly and continuously vio-
lating the anti-rebate law for the past
five years.
1t is reported that Attorney General
Moody has found a decision Of the su-
prerne court that holds the immunity
granted to officials of a corporation
for testifying against corporation ex-
tends to all the officials and also. to the
corporation itself. This is understood
TO be the view taken by the admins
traticn of the famous investigation into
the admitted WrongdOingS of the Atchi-
son. Topeka & Santa Fe Railway COM
pany, which has involved Secretary of
War Paul Morton and attracted more
attention than any other legal action
begun by the national body empowered
to enforce the interstate commerce law.
This startling development of the
case became known Immediately after
the adjournment Of a protracted cab
met meeting at the White House when
Attorney General Moody and Secretary
Morton remained with the president
long after the other members of the
cabinet had left.
BY many this hesitancy on the part
ter to the courts for Interpretation is
believed to be d last desperate effort on
the part of Mr.. MortOns friends to save
him from becoming directly involved.
That he could not escape being a party
to the prosecution. if in no other ca
pacity than 4 witness, is believed by
all those well informed on the case. The
secret rebate order issued in August,
1902, giving the Colorado Fuel and Iron
company a preference of S1-10 a ton
over other coal shippers, and which is
in the possession of the attorney gen.
eral as an exhibit in the case, was is
sued under the authority Of a higher
official.
The order contains at the bottom of
1t this memoranda: "Auth'y No. 5401."
A demand for this document was made
at the hearing of the case in Chicago.
but it was stated by General Traffic
Mana ger Biddle that it had been mis-
LAID and could not be found
The matter was not allowed to be
pressed, for it was understood at the
time It might bring in the name of Mr..
Morton. When the case comes to trial.
If it ever does, this mysterious author
ity" for the rebate viii no doubt have
TO be produced.
This supposed discovery of a Joker
IN the Elkins law caused a storm of in
digna ton when the rumors of the result
OF the cabinet meeting became known
about the capitol. A demand will be
made that the case be taken to the
courts despite the reported discovery
of an adverse supreme court decision.
Eminent authorities. who have made
the enforce ment and construction of the
interstate commerce law a study for
years. said that they had never heard
of such a decision, and could hardly be-
lieye there was one which could be ap-
piled to the present case.
They think it is simply a. last effort of
the friends of Mr.. Morton to persuade
the administration to shoulder the re-
sponsibility of constructing the Ellxins
law. instead of allowing the supreme
court to interpret 1t.
That Mr.. Biddle, former traffic man.
ager of the Santa F'e, abso1ved himself
from any prosecution by his testimony
IS conceded That by his telling the
truth to the commission he absOlved
President Ripley. former Vice President
Morton, and all the other officials of the