The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1906-12-03


flicted was in the shape Of fno or i'm.
prisonment, and penalties Of both
kinds have already been inflicted by
the courts. OF course where the Judge
can see his way to iuNict 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 I'm recent
decision admirably stated the need for
treating with just severity Offenders
Of this kind. Ills opinion runs in part
as follows:
Judge Holt Quoted.
"Thc governments evidence to es-
tabllsh the defendants guilt was clear.
conclusive and uudisputcd The case
was fragrant one. The transactions
which took place under this Illegal
contract We're very large, the amounts
of rebates returned were considerable.
and the amount of the rebate itself
was large, amounting TO more than
ouc-ffth of the entire tariff charge for
the transportation of merchandise from
this city 10 Detroit 1t Is not too much
to say, In my opinion, that If this bust
ness was carried on for n considerable
time on that basls-thnt Is. II this dis
elimination in favor Of this particular
shipper was made with an eighteen
instead Of a twcnty.thrce cent rate
and the tariff rate was maintain
ed as against their competitors the
result might be, and not improba-
bly, would be, that their compcti-
tors would be driven out Of business.
This crime Is one which I'm its nature
is deliberate and prcmcdltatcd. I think
over n fortnight elapsed between the
date of Palmer's letter requesting the
reduced rate and the answer OF the
railroad company deciding TO grant II,
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
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
ishmcnt and which arise from sudden
passion or temptation. This crime in
this case was committed by men OF
education and Of large business expert
encc, whose standing In the community
was such that they might have been
expected 10 set an example of obedi-
q, la ft,t 90
which alone I'm this country the securl-
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 publics con
vcnience and its own, which performs
quasi public functions and which is
charged with the highest obligation in
the transaction of It's business to treat
the citizens Of this country alike and
not TO carry on its business with unjust
determinations between different clti-
Zens or different classes of citizens.
This crime In its nature Is one usually
done with secrecy and proof of which
II - NtlN hllll'ull ~ pululll.
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 l 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 | am forced to
the conclusion in n case in which the
proof Is SO clear and the facts are so
fragrant 1t is the duty Of the court to
fix a penalty which shall in some de-
gree be commensurate with the gravity
Of the Oifense. As between the two de-
PENDANTS, in my opinion, the principal
penalty should be imposed on the cor
poratlon. The traffic manager in this
case presumably acted without any al.
vantage to himself and without any in
tercst 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-
fendant, the New York Central and
Hudson River Railroad company, for
each of the six crimes of which 1t has
been convicted be fined the sum OF
$4,000, making six fines. amounting in
the aggregate TO the sum of $1OS,OOO.
and judgment TO that effect will be
f.. Al.