The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1906-12-04

that basis-that is, IL this discrimination
in favor of this particular shipper was
made with an is instead OF a 20 cent
rate and the tariff rate was maintained
as against their compeutors-the re-
suit might be and not improbably would
be that their competitors would be driven
out of business. This crime is one which
in its nature is deliberate and premedi-
! tated. / think over a fortnight elapsed
between the date of Palmer's letter re-
/ questing the reduced rate and the answer
of the railroad company deciding to
! grant It, and then for months after
wards this business was carried on and
these claims for rebates submitted month
after month and checks in payment OF
4 them drawn month after month. Such
a violation of the law, in my opinion, in
I its essential nature, is a very much
more heinous act than the ordinary
common, vulgar crimes which come be-
fore criminal courts constantly for pun
ishment and which arise from sudden
passion or temptation This crime in
this case was committed by men of
education and of large business expert
ence, whose business standing in the
community was such that they might
have been expected to set an example
tenance of which alone in this country
the security of their property depends.
1t was committed on behalf of a great
railroad corporation, which, like other
railroad corporations has received gra-
tuitOusly from the state large and valu-
ablee privileges for the public's conven-
lcllcc anu llS OWL WHICH DtIlDIIuS QUASI
public functions and which is charged
with the highest obligation in the trans
action of its business to treat the citizens
Of this country alike, and not to carry on
its business with unjust Determinations
between different citizens or different
classes of citizens. This crime in it's
nature is one usually done with secrecy,
and proof of which 1t is very difficult
to obtain. The interstate commerce act
was passed in 1857, nearly 20 years ago.
Ever since that time complaints Of the
common, urgent, insistent, and altho
the congress has repeatedly past legis-
lation endeavoring to put a stop to this
evil, the difficulties 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 in this
court and as | am informed this case
and one recently brought in Philadelphia
are the only cases that have ever been
brought in the eastern part of this coun-
try In fact, but few cases of this kind
have ever been brought In this country,
east or west. Now, under these circum-
stances, / am forced to the conclusion,
in case in which the proof is so clear
and the facts are so fiagrant II is the
duty OF the court to fix penalty which
shall in some degree be commensurate
with the gravity OF the onense- AS be-
the principal penalty should be imposed
on the corporation. The traffic manager
in this case. presumably, acted without
any advantage to himself and without
any interest in the transaction, either
by the direct authority or in accordance
with what he understood to be the policy
or the wishes of his employer.
1.-The sentence of this court in this case
is, that the defendant Pomeroy, for each
of the six offenses upon which he has
been convicted, be fined the sum OF $1,000
making six fines, amounting In all to the
sum of $1,000; and the defendant. The
New York Central & Hudson River Rail-
road company, for each of the six crimes
of which IL has been convicted, be fined
the sum of $4,000. making six fines
amounting in the aggregate to the sum
OF $685. 900, and judgment to that effect
win be entered in this case"
Evasion by TechnicaIities.
In connection with this matter, would
like to call attention to the very unsat-
isfactory state OF our criminal law, re-
sulting in large part from the habit Of
setting aside the judgments OF inferior
connected with the merits OF the case.
and where there Is no attempt to show
that there has been any failure. OF sub
stantial justice. It would be well to en-
act a law providing something TO the
effect that:
No Judgment shall be set aside or new
trial granted in any cause, civil or GRIM |
inal, on the ground of misdirection of the |
jury or the improper admission OF re-
lection of evidence, or for error as TO any |
matter Of pleading or procedure unless, |
application Is made, after an examina- |
tion of the entire cause, IL shall aftirma- |
lively appear that the error complained |
OF has resulted in miscarriage cf |
~ InJunctiOns.
In my last message I suggested the en-
artment of a law in connection with the /
Issuance OF in3unctions. attention hav- |
ing been sharply drawn to the matter /
BY the demand that the right OF apply L
ing injunctions in labor cases should be /
wholly abolished. It is at least doubtful Il
whether a law abolishing altogether the 1
use OF injunctcns in such cases would Il
stand the test Of the courts; IN which L
case Of course the legislation would be /
ineffective. Moreover, l believe It would L
be wrong altogether to prohibit the use /
of injunchons It is criminal to permit Il
sympathy with criminals to weaken our
hands IN upholding the law; and II men
seek to destroy life or property by mob
violence there should be no impairment /
of the power of the courts to deal with Il
way possible. But SO far as possible the Il
abuse OF the power should be provided Il
against by some such law as I advocated
In this unatter.of injunctions there is
lodged in the hands Of the judiciary a
necessary power which is nevertheless
subject to the possibility Of grave abuse
with extreme care and should be sub
ject to the jealous scrutiny Of all men,
and condemnation should be mated out
as much to the Judge who fails TO use
IL boldly when necessary as 10 the judge
who uses II Wantonly OF oppressivelY
OF course. a judge strong enough to be
fit for his of3ce viii enioin any resort |
to violence or intimidation, especially BY
no matter what his opinion
NAV be OF the rights OF the original quar-
rel There must be no hesitation IN
dealing with disorder. But there must
likewise be no such abuse Of the in
functive power as is implied in forbidding
iaboring rnen 70 strive for their oWr bet
terment IN peaceful and lawful ways;
nor must the injunction be used merely
to aid some big corporation in carrying
out schemes for its own ACKNOWLEDGEMENT
1t must be remembered that a prelim-
mary injunction in a labor case. II
granted without adequate proof (even /
when authority can be found 20 support |
the conclusions OF law on which Il Is
founded. may often settle the dispute
between the parties: and therefore 81
granted may do irreparable I
nrnnr Yet there are many ildEes who