Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-08-10
MORTON EION[RAT[D
Former Secretary Of Navy
Cleared in Connection With
Rebate Charges
COMMISSIONS STATEMENT
STATEN ENT
COMMISSIONS
With the imposition of the Fine I'm
posed by the Court at Kansas City
the Case of the Santa Fe Rebates is
Regarded as cosed-criminal Intent
Lacking.

Washington, Aug 10.-Paul Morton
was cleared of the stigma OF rebatlng
in connection with the Santa Fe rail-
road yesterday by the interstate COM
sued regarding the conviction of the
Atchison. Topeka and Santa Fe Rail-
way Company.
The commission says "the avowed
purpose of the practice tends to sup
port the view that there was no Grim
inal intent on the part of Paul Morton,
former secretary of the navy and for
mer head of the traffic department of
the Santa Fe, and the other railroad
officials involved.
The statement calls attention to the
fact that with the imposition of the
$751; 900 fine on the railroad 1.-The history
of the famous Santa Fe rebate case is
practically closed" and praises Presi-
dent Roosevelt and Attorney General
Moody for carrying out with success
lllG ucCldEGu PURPOSE
to enforce the statute in all such cases.
The statement in part says: with
the recent conviction Of the Atchison,
Topeka and Santa Fe Railway Com
pany and the Colorado Fuel and Iron
Company and fine of $4,000 imposed
upon each in the federal court of New
Mexico for violation Of the interstate
commerce laws thru giving rebates by
the railway company to the Fuel and
Iron Company the history of the fam
Gus Santa Fe rebate case is probably
closed.
100 much praise can not be ac-
corded to Attorney General Moody in
carrying this case thru to successful
termination, and that, too, after the
adverse criticism in many journals
of the refusal of the administration to
undertake the prosecution of Paul
Morton. then secretary of the navy and
formerly head of the traffic department
OF the Santa Fe system.
The attorney general in disagree
ling with Messrs. Harmon andi Judson,
who had been employed by the gov
eminent to make preliminary inves-
tigation, acted plai'nly with foreknow-
ledge of the legal difficulties that
attended every step IN the attempted
prosecution of Mr. Morton and other
officials in this peculiar case, which
really grew out of a long-standing
practice intended primarily to develop
the coal industry in Colorado and New
Mexico. which really did have that
effect and which only became conspic-
uously unlawful after the passage of
the Elkins law in 1908 and the cour-
ageous investigation and report of the
the facts by the Interstate commerce
commission to the attorney general.
There was a technical violation of
the law involved in the transaction as
has always been plain, but that there
was criminal intent on the part of Mr..
Morton and other officials involved
has always been denied, and the avow-
ed purpose of the practice tends to
support that view. On the other hand
it is not difficult to prosecute the cor
porations themselves and upon an
agreed statement of the facts presented
to the court and the fines above ment-
ioned were imposed Primarily the i'm
terstate commerce commission deServ-
es the credit of initial investigation
ard public report but the great need
of the praise is due to Attorney Gener-
al Moody and, of course, President
Roosevelt is again carrying out with
success the declared purpose off the
administration to enforce this great
statute i'm all practicable ways"