The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1905-12-07
MOODY NEEDS POWER
TO PROSECUTE THEM
Annual Report OF Attorney Gen.
egaI Shows Difficulty OF En-
forclng EIkins' Act.
CAN'T PREVENT REBATES
Railroads and Shippers, Alike Guilty
Hesitate to Ratray Each Other,
Present Law Needs Inn
Important Additions.

washington. Dec. 6.-The report of
Attorney General Moody to congress,
was made public at noon today. In.
part, it follows:
I have the honor 10 invite the atten4
ton Of the congress 10 the condition I'M
which the department of justice finds
itself from the lack OF adequate or,
even decent accommodations.
Six years ago the department build
ing on Pennsylvania avenue was con-
demned as unsafe, and the attorney
general and all Of his subordinates were.
driven to the street to find refuge.
where they could. The department now
IS occupying eve rented buildings, sit
uated in different parts Of the city, at
an annual rental OF $25.S 500.
This condition is inconyenient, uneco7
noTnical and humiliatins. Even If, soon.
after the converting OF the next On
gress. authority TO secure q site for a
building and 10 prepare plans for sub.
mission TO congress were given, several
years would elapse before the remedy
would become effective.
The public interests urgently demand
the appointment of another Judge for.
the southern district Of New York,
which includes within its territory the
city Of New York.
Misconduct in Office.
After experience in pending cases,
and notably the cotton leak case,
and after careful reflection, l am con-
WINGED that the federal statutory law
should make misconduct in office an,
OffcnSe throughout the United States.
It's present local meaning and applica-
ton should be enlarged fGI purposes of.
punishment Substantially and for pIr-
poses Of removal for trial in general.
between all the districts Of the United
States. The scope OF the crime under
the common law should be reduced TO
precise specification. It is true. as d
mere possibility, as the matter stands.
at present, that Irregularities and mis-
behavior, which are blanabIe bat.
trining, may be included in the Geini-
ton of the ~offense: but the most serious.
and essentially criminal matters which.
nov escape definition and punishment.
in the criminal code are also Included.
Difficulty Of Suppressing Discrimination,
Several cases, in which il is alleged,
there have been violations of the
Elkins act, have been prepared, placed
in the hands OF the district attorneys,
in three different states, and will soon
be submitted to the grand juries for.
their action.
In all cases in which the evidenced
has been furnished TO the department,
of violations of the Elkins act appTo-i
pirate action has been taken. 1t isl
ILllcSSiDtE 1Cl LIlC NGDIItlIlGill 10 prof.
coed upon rurnor or upO II basis Gy-
Cept evidence. The department OF ius-i
tice is not equipped with any forcei
whose duties are to obtain evidence of
violations of law, and relies to q conf
siderable extent upon the information
obtained by the Interstate COmmercet
commission. Rebates, DETERMINATIONS
and departures from published rates
are secret crimes, usually known only
TO the shippers concerned and the off,.
Gals of the railroad, and ordinarily cam
be proved only by the confession OF.
some n OF the persons implicated in
the WrOngdOing.
Officials of railroads have in general
terms assured me of their willingness
to aid the department in every way in
enforcing the provisions of the law
against rebates, determinations. and
departures from published rates. but
have declined to render the only as
value, namely, the furnishing OF wi
dence proving the offense.
VIII Not Turn States Evidence.
To every case of this kind there are,
two guilty parties. The department has
been, and is, willing to accept the evil
dence either of the shipper or Of the
railroad official, giving him the immun-,
ity from prosecution which would result
from the use Of the evidence, and tot
proceed by Indictment against the other
guilty party. But, for reasons which,
will not be appreciated by all, men have,
shrunk from ]betraying their ~confeder-
ates. The cases, therefore, in Which.
evidence has been or will be obtained
are occasional and exceptional, and I'm
less we are content to allow the evil.
of the discriminatory practice by com
mon carriers to continue, with now and
then the punishment OF q detected
crime, some remedy which reaches
deeper than any law now upon the
statute book must be found.
The Interstate Commerce commits
sion and the department of justice, by.
the exercise OF the utmost diligence,
can discover and prohibit or punish only.
a small percentage of the discrimina-i
tory practices which actually exist. 1t,
seems probable that the direct pay
ment of rebates in money has largely.
diminished. 1t is alleged to be true, and
the evidence before his department, so.
far as it goes, tends to support the al,
legation, that, though clothed ana dis
guised by verious devices, the practice,
of giving one shipper preferential treat
ment over another in like situation, in
substance, still continues.