The Providence news. (Providence [R.I.]) 1891-1906, 1905-06-22
COMPLIMENTS
PAUL MORTON
President Roosevelt Has Faith
in His Ability and Integrity.
NO GROUND FOR CONTEMPT CASE
President and Attorney General Agree That
Contempt Proceedings Should Be
ImpsrsoaalIy Against The Reads.
NOGROUND FOR CONTEMPT CASE

Washington. June s22.-President Roose-
veli has taken occasion 10 express him
self in most positive terms complimentary
OF the integrity and abiftty of f>aut Nor
ton, former vice president OF the Atchi-
son, Topeka and Santa Fe Railroad com
pany. and now concluding his duties as
secretary OF tho navy, that he may as
sumo the chsirmanship OF the board Of
directors OF the Equitable Life Assurance
society OF New York.
These expressions are contained in two
letters. one addressed 10 the attorney gen
ernl and the other TO Mr. Morton.
The letters were made public by the
administration. together with number Of
others, which, taken together, show the
precise point OF difference between the
dc partment OF Justice and Messrs. Har-
mon and Judson. who recently resigned
as special counsel for the government in
the rebate case involving the Santa Fe
road and the Colorado Fuel and Iron COM
pany.
The special counsel wished 10 bring con-
tempt proceedings against the officers of
the road. which would have included MIR.
Morton Their position was that the tes-
timony adduced before the interstate
commerce commission established a viola
tion or the court order of March 25. 1902
restraining the company from executing
any agreement TO transport interstate
traffic at rates lower than the published
tariff OF the road.
This testimony. they contended con-
stituted a prima facie case against the
officers of the road, and the only way TO
ascertain their guilt or innocence was
through contempt proceedings.
INVOLVES ALL WESTERN ROADS.
Attorney General Moody opposed bring
ing the contempt proceedings. on TIE
ground that while the evidence before
the commission might show a violation
OF the injunction by the road, IL con-
tained nothing connecting any officer Of
the company with such viola ton Presi-
dent Roosevelt took the same view. Both
the president and the attorney general
agreed that contemupt proceedings should
be instituted impersonally against the cor
porations in both the Colorado Fuel and
the International Harvester cases The
latter case, the president says stands
exactly on the same footing and in
wolves practically all Of the western
roads.
The correspondence began with letter
from Messrs Harmon and Judson 10
the attorney general dated Feb. 2s last
In which was given a review OF the tes-
timony in the Colorado Fuel case before
the interstate commerce commi.si ion.
with the conclusion that violation of the
injunction has been shown.
THE FACT rs CLEAR.
In part the letter said
From August. 1909. until December.
1904 the railway COMPANY referring 10
the Santa Fe) continuously transported
coal for the Colorado Fuel and Iron com
pany al less than the published rates
then in force. from various points in
Colorado and elsewheve. 10 FL Paso. Tex.
Deming. y. NJ. and other places. 10 which
such transportation was interstate com
merce.
This was done by secret arraneement
between the two companies. under which
the coal was apparently billed at the
published rate OF freight. although in
fact the price Of coal was included.
The railroad company collected the
amount shown by the billing and paid
over part Of Il 10 the fuel company as
the price Of the coal. making the real
charges of transportation less than tie
published rate by just that amount At
the same time the rates given and charged
other shippers were the published tariff
rates without any deduction. This plan
and the way II was carried out plainly
Indicate an intention 10 deceive the gov
ernment and the public. and 10 enable the
fuel company 10 gain n monopoly of the
coal supply Al the points involved by
giving them a strong advantage over
competitors I'm the actual cost of trans
portation.
Tho motive for thus favoring the fue,
company does not appear in the evidence
thus far taken. but the fact is clear"