The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-04-15
LAWYERS CLASH.
Harmon and Juds0n Complain
Of Being Hampered
In the Prosecution Of Rebate
Cases Against Santa Fe.
TO SCREEN MORTON.
Friends Don't Want His Name
Dragged in Federal Court.
Developments in Washington
Take Sensational Turn.


Chicago, April IA special from
Washington, D. c., to the Inter Ocean
says:
The publication Of a report that At
torney General Moody and Attorneys
Harmon and Judson, special counsel
employed by the government to prose-
cute the Santa Fe and the Colorado Fuel
and Iron company for illegal rebates,
had clashed over the scope and thor
oughness of the prosecution caused a
sensation here, and brought Secretary
Of the Navy Mortons name again to
the front in the matter
There has been more or less uneasi-
ness in administration circles ever since
the selection of Messrs. Harmon and
Judson to bring the Santa Fe to book
for its alleged granting of rebates to
favorite shippers, in open violation of
the interstate commerce law, and also
of the injunction of Judge Grosscup.
The energetic manner in which these at
torneys took hold of the case indicated
that they took the declaration of the
administrations policy at its face value.
Attorneys Threaten to Resign.
When the report spread that
Messrs. Harmon and Judson had
threatened to resign their commission
if they were to be hampered or curb
ed in any way in the prosecution,
there was some lively scurrying be-
tween departme nts. Mr.. Moody, when
seen about the report early in the
day, refused to make any statement
whatever. Then it was rumOred that
he would make a statement but later
in the afternoon this was denied at
the department of justice.
1t was not until late in the after
noon that he finally consented to de-
part from his usual practice of not
discussing publicly pending cases by
/ issuing a Tort bulletin to the effect
that "the report published in a New
Y ork paper that there had been a
stormy interview or alteration of any
/ kind between him and Messrs. Har-
mon and JudsOn, special counsel for
the government in the Santa Fe coal
case, or that they have intimated any
wish or purpose to resign their en-
ployment, is without any foundation
whatever
To Head on Publicity.
! 1t was generally believed here that
! friends of Secretary Morton induced Mr.
/ Moody to take this action as the quick
/ est way Of heading off further publicity
/ in the matter, pending the return of
/ President Roosevelt, or until he could
/ be consulted about the matter. His
/ SeclusiOn in the WildS of Indian Terri
/ tory prevented any communication from
/ reaching him. AS the matter now
stands, no further statement of any
/ kind will be given out unless the presi-
! dent sees fit to make one or instructs
J Attorney General Moody to do so.
1t has been one of the most difficult
duties of Attorney General Moody
/ since taking charge of the depart
ment of justice to steer a clear course
/ Roosevelt is publicly committed to an
uncomprOmising prosecution of the
violators of the interstate commerce
law, but at the same time he has in
his official family Paul Morton, as
secretary of the navy, a former vice
president of the Santa Fe, who was
supreme arbiter of the traffic arrange
ments of that road when the alleged
illegal rebate was first granted to the
Colorado Fuel company.
The closeness of this association at
the White House precludes anything
but the cOmpleteSt confidence, and it
is up to Attorney General Moody TO
steer a clear course so as to fulfill the
premises of the administration to en-
force the law against the Santa Fe
and at the same time not officially
drag in one of the leading members
of the cabinet.
In order to do this Mr.. Moody hit on
the expendient of employing outside
counsel, for whom he is, and still is
! not as directly responsible as he would
| be if the case were handled by any of
/ his regular associates. That he has
failed to build a screen behind which
! Secretary Morton could remain until
he decides to retire from the cabinet is
now evident. That there has been diff
ference of opinion as to how far the
| prosecution should 60 between Mr.
| Moody and two special attorneys is
| generally believed here.
Conflict of Ideas About Prosecution.
When the case was referred to the
department of justice by the interstate
/ commerce commission for prosecution
the attorney general indicated that he
believed the testimony of Traffic Mana
ger Biddle of the Santa Fe, in admit
ting the rebates to the fuel company,
not only secured immunity from prose-
cution for himself but for all the other
/ officials of the road.
Messrs. Harmon and JudsOn are re-
ported to take the view that as the
Santa F'e officials had dagrantly con-
tinued the system of rebates after
they had been enjoined in court, no
course remained except for the gov
eminent at once to institute proceed
iings in contempt, arrest the respon-
sible heads of the company, and
prosecute them to the full extent
The developments in the case, both
before Messrs. Harmon and Judson
took charge of it and since, indicate
that while there is an apparent de-
sire on the part of the administration
to prosecute the case, it must be done
within certain limitations, chief