Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1906-12-04
RESIDENTS MESSAGE IN FULL AS SENT TO THE CONGRESS T0DA
lengthy BUT ONE OF OUR ABLEST STATE I

twenty-three-cent rate and Ne tariff
rate was maintained as against their
eompTitors-the result mighy be and not
imprnbably would be that their competi-
tors would be driven OUT of business
This crime Is one which IN It's nature is
deliberate and premeditated l think
over fortnight elapsed between the
date of Palmers letter requesting the
reduced rate and thesanswer of the rail
road company deciding to grant Il, and
then for months Afterwards this bust
ness was carried ON and these claims for
rebates submitted month after month
and checks in payment of them drawn
month after month. Such a violation
OF the law, in my opinion, in its essen
tial nature, is very much more helm
GUS act than the ordinary common. vul-
gar crimes which come before criminal
courts constantly for punishment and
which arise from sudden passion or
temptation. This crime in this case was
committed by men of education and of
large business experience, whose stand
ing In the community was such that
they might have been expected 60 set an
example of obedience to law. upon the
maintenance of which alone m this
country the security of their property
depends. II was committed ON behalf OF
a great railroad corporation, which. like
other railroad corporations has received
gratultously from the state large and
valuable privileges for the publics con-
Yenience and it's own, which performs
quasi public functions and which is
chdrged with the highest obligation In
the transaction of it's business TO treat
the citizens of this Ncountry alike. and
not to carry on its business with unjust
determinations between different citi-
zens or different classes Of citizens
This crime in it's nature is one usually
done with secrecy. and proof of which Il
is very difficult To obtain Ever since
that time complaints of the granting OF
rebates by railroads has been common,
HHsss aVaaHf faaf. a.NN
gress has repeatedly past legislation en-
deaVoring to put a stop to this evil the
difficulty of obtaining proof upon which
to bring prosecution in these cases is SO
great that this is the first case that has
ever been brought I'm this court. and. as
l am informed, this case and one recent
~ brought in Philadelphia are the only
cUses that have ever been brought ~
the eastern part OF this country. IN
fact. but few cases of this kind have
ever been brought In this country east
or west. Now. under these circuni-
stances. I am forced to the conclusion.
in a case In which the proof is so clear
and the facts are so fragrant, II is the
duty of the court to fix a penalty which
shall in some degree be commensurate
with the gravity of the offense, As be-
tween the two defendants, in my opin-
ion. the principal penalty should be i'm
posed on the corporation The traffic
manager I'm this case, presumably. act
ed without any advantage to himself
ana without any interest In the trans
action, either by the direct authority or
in accordance with what he understood
to be the policy or the wishes of his em-
ployer.
case is. that the defendapt Pomeroy. ,
for each of the six offenses upon which
he has been convicted. he fined tho stun
OF Sitp9. making six fines Amounting in
all to the sum of $4,000; and the defend
ant. the New York Central & Hudson
River Railroad company, for each of
the six crimes of which il has been con-
victed. be fined the sum Of $4,000, max T.
ing six fines amounting in the aggregate
to the sum of Sl0S 900. ant judgment to
that effect will be entered I'm this case. = 1