Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-12-04

tors would be driven out of business
This crime is one which in its nature
is deliberate and premeditated. / think
over fortnight elapsed between the
date of Palmer's letter requesting the
| reduced rate and the answer of the
| railroad company deciding to grant It,
| and then for months afterward this
| business was carried on and these
/ claims for rebates submitted month
| after month and checks in payment of
| them drawn month after month. Such
/ n violation of the law. IN my opinion.
| in its essential nature is Il 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 standing in the community
was such that they might have been
expected to set an example of obedi-
ence TO law. upon the maintenance of
which alone in this country the securi-
ty of their property depends. 1t was
committed on behalf of n great rail
road corporation, which, like other rail
road corporations, has received gratu-
itously from the state large and valu-
able privileges for the public's con-
venience and its own, which performs
quasi public functions and which IS
charged with the highest obligation In
the transaction of its business to treat
the citizens of this country alike and
not to carry on its business with unjus
determinations between different citi
zens or different classes of citizens.
This crime in its nature is one usually
done with secrecy and proof of which
II is very difficult to obtain.
The interstate commerce act was
passed in 1887, nearly twenty years
ago. Ever since that time complaints
of the granting of rebates by railroads
have been common, urgent and insist
ent, and although the congress has re-
peatedly passed legislation endeavor-
ing to put stop TO this evil, the diff
Guilty 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
country. In fact, but few cases of this
kind have ever been brought in this
country. east or west. Now, under
these circumstances l am forced to
the conclusion in Il case in which the
proof is so clear and the facts are so
fragrant it is the duty of the court to
fix Il penalty which shall in some de
gree be commensurate with the gravity
of the offense. AS between the two de-
PENDANTS, in my opinion, the principal
penalty should be imposed on the cor
poration. The traffic manager in this
case presumably acted without any ad-
vantage to himself and without any in
terest 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.
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 $4,000, and the de-
Hudson River Railroad company, for
each of the six crimes of which it has
been convicted be fined the sum of
$4,000. making six fines, amounting In
the aggregate to the sum of $10SOO0,
and judgment TO that effect will be
entered in this case"
Setting Aside of Judgments and Grant
ina of New Trials.
In connection with this matter 1
would like to call attention to the very
state of our criminal
law, resulting in large part from the
habit of setting aside the judgments of
inferior courts on technicalities abso-
lutely unconnected with the merits of
the case and where there is no attempt
to show that there has been any failure
Of substantial Justice. 1t would be
well to enact a law providing some
thing to the effect that
No judgment shall be set aside or
new trial granted in any cause, civil |
Or criminal. on the ground of misdi- |
rection of the jury or the improper adj
mission or rejection of evidence or for |
error as to any matter of pleading or |
procedure unless. In the opinion OF the |
court to which the application is made, |
after an examination of the entire |
cause, it shall affirmatively appear that |
the error complained of has resulted in |
a miscarriage of justice.
In INJUNCTIONS.