Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1906-12-06

stltutlonalv and then 70 deny TO the
government the right to have the SUI
preme court definitely decide the ques-
ton.
It is well to recollect that the real
efficiency Of the law often depends not
upon the passage of acts as to which
there Is great public excitement. but
upon the passage of acts OF this ma
ture as to which there is not much
public excitement. because there Is lit
tie public. understanding Of their Inn
portance, While the interested parties
are keenly alive TO the desirabIlity OF
defeating them. The Importance Of
enacting into law the particular bill In
question is further increased by the
fact that the government has now def
nitely begun policy Of resorting to
the criminal law In those trust and In
terstate commerce cases where such
course offers reasonable chance OF
success At first. as was proper. every
effort was made TO enforce these laws
by civil proceedings. but 1t has be-
come Increasingly evident that the ac-
tion OF the government In finally decid-
ing In certain cases to undertake Grim
inal proceedings was justifable. and.
though there may have been some con-
spicuous failures IN these cases, we
have had many successes, which have
undoubtedly had a deterrent effect up
on eviIdOers, whether the penalty In
flIcted was IN the shape Of fine or i'm.
prisonment, and penalties Of both
kinds have already been inflicted by
the courts. or course where the Judge
can see his way TO inflct the p alty
OF Imprisonment the deterrent effect
Of the punishment on other offenders Is
Increased. but sufficiently heavy fines
accompNG much. Judge Holt Of the
New YVrk district court In a recent
decision admirably stated the need for.
treating with just Severity offenders
Of this kind His opinion runs In part
rs follows,
Judge Holt GN'oted.
''The governments Violence TO es.
tablIsh tbe defendants. guilt was clear.
concluslye<and undisputed. The case
was a flagrant one. The transactions
whlch took place under this Illegal
cohtraet were very large. the amounts
of rebates returned were considerable.
and the amount OF the rebate itself
was large. amounting 70 more thnn
One-fifth OF tile entire tariff charge for
the Transportation OF merchandise from
this city 10 Detroit. II Is not too much
10 say. In my opinion, that II this hnsl-
ness was carried on for considerable
time on that basis--that Is. II this dis
crimlnatlon In favor OF this particular
shipper was made with an eighteen
instead OF q twenty-three cent rate
and the tara rate was maintain.
ell as against their competitors-th
result might be, and not lmproba-
bly, would be. that their competl
tors would be driven out OF business
This crime Il one which IN Us nature
is deliberate and premedltated. think
over a fortnight elapsed between the
date OF Palmers letter requesting the
reduced rate and the answer OF the
railroad company deciding TO grant II,
and then Tor months afterward this
business was carried on aud these
claims FOR rebates submitted month
after month ndRhecks in payment OF
them drawn moth after month. such
a violation OF the law. IN my opinion.
In is essential nature Is very much
more helnous act than the ordinary
common. vulgar crimes which come be.
fore criminal courts constantly for pun. /
lshment and which arise from sudden
passion or temptation. This crime In |
this case wss committed BY men OF /
education and OF large business expert !
cnce. whose standing IN the community /
WINS such thai they might have been /
expected % st an example % obedl. i
encc 90 law, upon the maintenance Of
which sione in Tits country the securl.
y % their property depends. II was
committed GA behalf 81 a great rail i
road corporation. which. IKE other rail-.
road corporations. has received grasu.
iously from che state larre aud valn-
ihln privilr-fs Tor fhe pubhe's con.
leHicpce and 10 own. which performs 4
lussi ruhiic funct.0ns and which q
.hargcd uith IN highest Obligation IN
.he transsrtioa 81 ~ business 90 treat
~ ciiizens 81 this country alike and
ioi % rarrf On ~ business With unlnst
"ns fartuccn diaercrt cid. K
t ci1xses ~ citizens. II
e. % Ia vs. raturp D ons ususny I,
,rre alfn seeFeF cad pracf 40 whleh I
r Ferg dnruii 81 sttaln
it ,ieresafs c1mrerre az uaa
.sl ln lSsf. rearF trrafr resrr
re f4a. 49,. .t.a 49,. - $3.50.