Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1906-08-17
STATEMENT ON
SANTA FE CASE
INTERSTATE COMMERCE COM
MISSION PRAISES ITSELF
IT INITIATED ACTION
Paul Morton "a Absol7sd Prom Any
Criminal Intent IN His Connec-
ton With the Relates.

a. -LNl+ Aux ~ III 1Aatc-
ment, issued today by the interstate
commerce commission, regarding the
conviction ~ the Atehison, Topeka &
santa Fs railroad company for vio-
lation Of the .aw With respect TO the
giving of rebates, W commission
says:
The ayOwed purpose Of the prae-
riee tend. % support the view that
there was no criminal intent OF the
part Of Pa1l Morton, former seere-
tary Of the navy, and former head Of
the traffic department Of the Santa
Re, and the other railroad officials
I involved. The statement calls atten-
tIon to the fact that with the Impo-
.ition Of the $4,000 fine 90 the rail
roads, "the history Of the famous re-
bate ease il probably closed, " and
praises President Roosevelt and At
torney General Moody for carrying
out with success the administration s
declared purpose 10 enforce the stat
| ute in all such cases. The state
ment Is As follows:
with the recent conviction Of the
A.ehison, TOp4ks & Santa Fe railroad
company, and the Colorado Fuel and
Iron company, and fine Of $4,000 I'M
posed upon each in the federal court
Of New Mexico. for violation Of the
interstate commerce laws through CIV
ing rebates hy the railroad company,
to the Fuel and Iron company, the
history Of the famous Santa Fe re-
bate ease Is probably closed. "
"Too much praise cannot be ae-
corded 10 Attorney General Moody
in carrying this ease through 10 sue
eesful termination and that, too, af-
ter the adverse criticism IN many
journals. Of the refusal Of the ad-
minis,ratiOn to undertake the prose-
eution Of Paul Morton, then seere-
iary Of the navy and former head Of
the traffic department Of the Santa
Re system. The attorney general, IN
disagreeing with Messrs. Harmon and
JudsOn. who had been employed by
the government to make a prelimin-
airy investigation. acted plainly with
fore knowledge Of the legal difficult
ties that attended every step in the
attempted prosecution Of Mr.. Nor
ton and other officials in this pecul-
lar ease, which really grew out Of a
long standing practice intended prl-
marly to develop the coal industry
in Colorado and New Mexico, which
really did have that effect and which
only became eOnspieuOusly unlawful
after the passage Of the Elkins law
in 1903. and the courageous investi-
CATION and report Of the facts by
the interstate commerce commission
10 the attorney general.
There was technical violation
Of the Law involved in the transaction
a. has always been plain, but that
there was criminal intent on the part
Of Mr.. Morton and the other officials
has always beer 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 corporations themselves and upon
the agreed statement Of facts pre-
sented to the courts the fines above
mentioned we're imposed.
at will be remembered that the
department of justice sought to use
this ease to establish contempt or
the part of the Santa Fe, which wai
then under injunction issued in ON
nibus form and covering all traffic
against that carrier and numerous
other carriers engaged largely II
carrying grain, grain products, live
stock and live stock products on ac
count Of rebates shown to have beer
granted generally on such traffic II
a former investigation by the timer
state commerce commission.
"The attempt to establish con
tempt by showing rebates in coal fail
ed. the court holding that a genera
| lnlunct1On touiu HOl idMiuis iSue
Later on, a civil ease brought agains
the Santa Fe by coal mining com
panies Disseminated against in favo
of the Colorado Fuel and Iron com
pany, which was settled by the pay
ment of something like half milliol
dollars, and now has followed tn
convictions as above stated of tn
railroad and the Fuel and Iron com
pany.
"Thus apparently ends a famou
chapter in the history Of litigation
under the interstate commerce laws
Primarily the interstate commerce
commission deserves the credit %
initial investigation and publicity
But the great need of praise is du
to Attorney General Moody, and, o
course, to President Roosevelt, II
again carrying out with success tn
declared purpose of the administra
ton to enforce this great statute il