The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-10
ATCBISON ILLEGAL REBATES.
SCANDAL TO DE THOROUGHLY
INVESTIGATED
Former Attorney-Ccneral Judson Harmon
and Frederick n. Judson OF the st.
Louis Bar Appointed by the DEPART
ment OF Justice to Conduct the Inquiry.

ment OF Justice to Conduct the Inquiry.
WAsHISGToN, Feb. 0.-The legal phases
OF the Atchison scandal are to he thoroughly
looked into by the Administration, with
the strong probability that the persons
responsible for the offences against the
interstate commerce law will be crimlnally
prosecuted under the statutes. Attorney
General Moody late this afternoon an
nounoed the appointment Of distinguished
counsel to conduct the proposed investiga-
ton, the basis Of tho inquiry being the facts
brought to light by the Interstate Com
merce Commission and submitted to the
Department Of Justice last week.
The plan for a further investigation from
a legal standpoint with view of prose
cution, ia explained in the following tele-
gram from Mr. Moody to the Hon. Judso n
Harmon, Attorney General Of the United
States in the second Cleveland Administra-
ton. The telegram bears date OF Feb. 2
and Is as follows;
-Will you accept employment, associated
with Frederick y tucson OF the st. LOUIS
bar. or other competent counsel agreeable
to you. to take into consideration all the
questions raised by the report of he Inter-
state Commerce Commission with respect
to rebates given 10y the Atchison. Topeka
and Santa Fe Railroad to tho Colorado
Fuel and lion Company and accepted by
that company. together with any other
unlawful practices which may appear in
thnt connecticut You will he given full
authority to make this investigation and
every assistance which this department
is able to furnish you. This employment
- with the view Of taking such legal pro-
coCdings "a seem justified. May | be per-
mi,ted to say 70 you that | believe the
acceptance OF this employment a public
cuty2'
A similar telegram wss sent to-day TO
Frederick n ludson u prominent member
Of the St Louis bar The arrangement.
however. is for Mr. Harmon to act IA chief
counsel in the investigation. with Mr. Jud-
son as his chief assistant.
A reply was received from Mr.. Harmon
yesterday. which however was not made
public until to-day. Mr. Harmon accepts
the appointment, but says that he will
need little time TO arrange bis other busi-
ness. telegram was received from Mr. Jud-
son to-day also accepting the appointment.
II is expected that both of these men will
come to Washington within few days
to confer with the President and Attorney
General Moody.
The most interesting feature Of the Atchi-
son investigation is the fact that Paul Nor
ton, the present Secretary Of the Navy was
vioe-president Of the Atohison road at the
time the rebates were granted and that Ire
il charged in some quarters as having been
responsible for the rebates. He admitted
10 the Interstate Commerce Commission be-
fore tho Ekins Anti-Rebate law was passed
that he had granted rebates. At that time
il was lie ual to make rebates; but there was
no provision, as there IL now, for criminal
prosecution Of the persons responsible
for making them.
Attorney General Moody is authority for
the statement. however, that Mr. Mortons
name does not appear in he case as pre-
scented TO the Department OF Justice by
the Interstate Commerce Commission. Mr
Morton has denied that he was responsible
for the Illegal action charged against the
railroad company
Although the special counsel are APP
POINTED nominally to make an -investiga-
ton, there Is no doubt that the Administra-
ton has already decided TO prosecute the
officers Of the Atchison road who are re-
sponsible for the rebates 70 the Colorado
Fuel and Iron Company. The evidence
submitted by the Interstate Commerce
Commission was conclusive, but the case
is q complicated one and Is, wthal Of such
importance that il was deemed best to
employ special counsel The Attorney
Generals staff is already overhurdened
with routine law business of the Govern
ment.
An interesting feature Of the Administra-
tons action is that both Mr.. Harmon and
Mr. Judson are Democrats.