Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1905-07-06

uty SeIeEdi OF the United
States, to the effect that Secretary
Morton and other high officials of the
Santa Fe Railroad company knew
nothing of illegal rebates, but that they
We're granted BY minor officers "unbe-
knownst' to the bigwigs, makes even
intelligent Republicans uneasy. The
st. Louis Globe Democrat a Republic
an paper of the strictest sect. is I'M
easy, as is shown by a long and care
full editorial 1t is long to quote here.
but, considering the source, it is stron-
ger than anything could write. While
very moderate in tone and statement,
a critical reading will show that it is
dissatisfied, if not bewildered, by this
bald attempt to catch the little fish
while permitting the big ones to es-
cape. That there may be no mistake
about it here is the editorial entire.
The Santa Fe rebate inquiry, which has
just been concluded in its preliminary
phase so far as regards the presidents
and attorney generals connection with 1t,
offers some difficulties. According to a
report of the interstate commerce COM
mission, the Santa Fe road had been, from
August, 1902, to December, 1904, granting
secret rebates to the Colorado Fuel and
Iron company. Messrs. Frederick N. judi
son of st. Louis and ex-Attorney General
Judson Harmon of Cincinnati. the special
counsel employed by the government to
look into this case, found that the evil
dence justified the commissions report
and recommended that the officers of the
road be prosecuted for contempt of court
in violating the United States courts or
der issued in 1902 against granting re-
bates. The fact that Paul Morton the
secretary of the navy, was a high officer
of the road during most of the time that
1t was doing these things and had charge
of its freight traffic gave the case ma
tional interest
Attorney General Moody, however, OPP
posed the prosecution of the roads Off
GERS, asserting that there was no evil
dence to show that they knew the
road, after the courts order came out,
was doing any work for the Colorado Fuel
and Iron company below the published
tariff scale. The rebates were granted
by the minor officers. so the attorney gen
eral intimates. Morton in explanation
said that the cut in rates was made in
1901 previous to the courts restraining
order. AS soon as that order was issued,
in 1902. Morton says he directed his sub
ordinates to obey it, He gave further in
structions of the same sort in 1903, when
the Elkins act was passed. These in
structions were not obeyed. he says, but
their violation was the work of subordi-
nate officers. Neither he himself nor the
president nor traffic manager of the road
knew that they were violated. Conse-
quently,s he declares, he and they were
not responsible for the violation On the
face of things. it is rather surprising if
men in their position did not know of the
infringement Of the courts restraining
order. However no direct and positive
testimony has been obtained to show that
Morton or the other high officers knew
that the rebates We're being continued.
and Attorney General Moody takes the
ground that they were innocent. The
president indorses the attorney generals
view and passes a eulogy on Morton as
an able official of the government.
But this is not the end of the case.
Judson and Harmon have resigned be-
cause of the refusal of the government to
bring Morton and the other officers into
court under contempt proceedings The
president directs that contempt proceed
ings be instituted against the Santa Fe
road as q. corporation, and If evidence of
a willful violation of the courts antirebate
order be found then the attorney general
will proceed as he is now doing in the
case of the beef packers in Chicago AT
the same time the president makes it plain
that no proceedings shall be taken against
the Santa Fe except what would be taken
against any other road under similar con-
ditions. There is still a chance, therefore,
to get at the full truth of the matter of the
higher officers knowledge of the rebates
after the courts restraining decree. Nor
ton is no longer a member of the cabinet
and consequently little of the popular
interest in the affair will be lost Justice
however, demands that the investigation
proceed until all the facts in the case are
laid bare. The governments duty in the
matter is plain. Now that a crusade is to
and that this is 70 be a part of the general
railroad issue which the president is to
make prominent as soon as congress
meets, the inquiry in the present case
should be made thorough No guilty per-
son, however high his station, should be
allowed to escape
There can be no question that the
last sentence in the foregoing quota
ton expresses the sentiment of every
honest man in all this broad land. 1t
is constantly charged that prominent
citizens are more liable to escape pun
ishment or to be punished more leni-
entity for crimes committed than are
the poor, the humble and the obscure
That there is some truth in the charge
cannot be doubted, and that unfortu
natefact has tendency to bring our en-
tire system of Jurisprudence into con
tempt. No man should be too high or
too low to be punished for violation of
law.
In this matter the theory that minor
officials are the only sinners IS prepos
ferrous and will fool nobody not even
the idiots.
Worth Knowing.
To save all newspapers outside OF
Missouri, and many inside the state
from worrying about Governor Folk
running for governor in 1908, It is well
to state that a governor of Missouri
cannot hold two consecutive terms so
long as the present constitution en-