Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1906-12-05


stltutlonal" and then to deny to the
government the right to have the SUI
preme court definitely decide the ques-
ton.
II is weil 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 deslrability 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 a policy Of resorting to
the criminal law In those trust and In
terstate commerce cases where such a
course, offers reasonable chance OF
success. At first. as was proper, every
effort was made to enforce these laws
by civil proceedings. but It has be-
come increasingly evident that the ac-
ton 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-
splcuous failures I'm these cases. we
have had many successes, which have
undoubtedly had deterrent effect up
on eviIdoers. whether the penalty In
filcted was in the shape of fine or Inn
prisonment, and penalties OF both
kinds have already been inflicted by
the courts. OF course where the judge
can see his way TO inhlet the penalty
Of Imprisonment the deterrent effect
OF the punishment on other offenders Is
increased, but sufficiently heavy fines
accomplish much. Judge Holt OF the
New York district court in a recent
decision admirably stated the need for
treating with Just severity offenders
Of this kind. His opinion runs in part
as follows;
Judge Holt 0Iotsd.
The governments evidence TO es-
tablIsh the defendants guilt was clear.
conclusive aud undisputed. Theecase
was a fiagrant one. The transactions
which took place under this Illegal
contract were very large, the amounts
OF rebates returned were considerable.
and the amount OF the rebate itself
was large. amounting 10 more than
One-fifth OF the entire tariff charge for
the transportation OF merchandise from
this city to Detroit. II IL not too much
% say. In my opinion. that u this busi-
ness was carried on Tor considerable
time on that basls-that IL. II this dis
elimination In favor Of this particular
shipper was made with an eighteen
instead OF a twenty-three cent rate
and the tariff rate was maintain.
ed as against their cOmpettors-the
result might be. and not improba-
bly, would be. that their cOmpeti-
tors would be driven out Of business.
This crime Il one which IN rs nature
h deliberate and premedltated. think
over a fortnight elapsed between the
date OF Palmer's letter requesting the
reduced rate aud the answer OF the
railroad company deciding 20 grant II.
and then Zoe 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
violation % the law. IN my opinion.
IN its essential nature Il a VERY much
more helnous act than the ordinary
commOn. vulgar crimes which come be
fore criminal courts constantly for pun.
ishment and which ariss from sudden
passion OF temptation This crime In
this case was committed by men o.
education and % large business expert
enre. whose standing In the community
was such that they might have been
expected % set ean example, OF obedi.
ence 10 law. UPON the maintcnance of
Whlch alone IN this country TIE securi.
~ q their property depends II was
coulmittrd uE behalf % a great rail-
rcai corporation. which. TIE other rail-
rad curporatieus. has received rrafu.
ltpasiy tfpin tne state lfge ahd Fulu
able privileges fag ths puhic't con
vvnicncc sui lts own. Nhich performs
QurE puhlic fuRcfions and Hhtch i
ctsrrci WITH ~ h'ehfEt ohuEatlon 10
ne transartion % igs husinrss % treaf
a. cititeas % this counsTy alike and
aot 90 carr on ~ tusioess with unlutt
iifriminauoes telwera tiGcFrnt ciu
ftt CO. rgf classes 90 ciurrut
Ftfs la itt nature h ocr Esuany
tr1e vita nferr-v ar1 Freaf q uhfrh
Hs l.. -. 80. 80. 81. .rs.-