The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-12-07
Long Document Written in the
Chief Executives Usual Style.

sonable chance of success. At first, as
was proper, every effort was made to
enforce these laws by civil proceed
ings; but it has become increasingly
evident that the action of the govern
ment in finally deciding, in certain
cases, to undertake criminal proceed
ings was ~justifiabae; and tho there have
been some conspicuous failures in these
cases, we have had many successes,
which have undoubtedly had a deter
rent effect upon evil-dOers, whether the
penalty inflicted was in the shape of
fine or imprisonment-and penalties
of both kinds have already been in
f1icted by the courts. OF course, where
the judge can see his way to infiicI
the penalty Of imprisonment the deter
rent effect of the punishment on other
offenders is increased; but sufficiently
heavy fines accomplish much. Judge
Holt, of the New York district CONT,
In a recent decision admirably stated
the need for treating w1rh just severity
offenders of this kind. His opinion runs
in part as follows:
THE governments evidence to estab-
| lish the defendants guilt was clear,
conclusive, and u~ndtsputed. The case
was a fragrant one. The transactions
! which took place under this illegal con-
tract were ery large; the amounts Of
rebates returned were considerable;
and the amount Of the rebate itself
: was large. amounting to more than
one-fifth Of the entire tariff charge for
/ the transportation of merchandise from
this city to DerOlt. It is not too mach
to say, i'll my opinion, that il this bus
mess was carried on for a considerable
: time~On that baSIS-that is, if this dis
elimination in favor of this particular
shipper was made with an Is instead
Of q % cent rate and the tariff was
maintained as against their competi-
tors-the result might be and not i'm
probably would be that their cOmpeti-
tors would be driven out of business.
This crime is one which in its mature
is deliberate and spremeditated. |
think over q fortnight elapsed between
the late of Planners letter requesting
the reduced rate and the answer OF the
railroad company deciding to grant it.
and then for months afterwards this
business was carried on and these
for rebates submitted month
month and checks in payment Of
8Hm drawn month after month. Such
a violation Of the law, in my opinion.
is a. very much more heinous act than
the ordinary common, vulgar crimes
which come before criminal courts con-
stantly for punishment and which arise
from sudden passion or temptation.
This crime in this case was committed
by men of education and of large bus
mess experience, whose standing in
b community WIS such that they
might have been expected TO setrsR ex-
ample of obedience to law, upon the
maintenance Of which alone in this
country the security of their property
depends. It was committed ON behalf
of a great railroad corporation, which.
like other railroad corporations. has
receiver g~ratituoIsly from the state
large and valuable privileges for the
public's convenience and its own, which
performs quasi functions and which is
charged with the highest obligation IN
the transaction of its business to treat
the citizens of the country alike, and
mot to carry on its business with 'un-
just determinations between different
citizens or different classes OF citizens.
This crime in its nature is n usually
done with secrecy, and proof of which
it is very difficult TO obtain. The f1-
terstate commerce act WAS past in 1884,
nearly twenty years ago. Ever since
that time complaints Of the granting
of rebates by railroads has been COM
mon, urgent, and insistent, a1d altho
the congress has repeatedly past leg
islatiOn ~endeavOrdng to put a stop To
this evil, the difficulty of obtaining
proof upon which to bring prosecu-
ton IN these S is SO great that this
is the first case that has ever heen
brought in this court, and, as | am in
formed, this case anc 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 cir
cumstanoes, | am forced TO the concIu-
sion, in a 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 degree be common
surate with h gravity of the offense.
AS between the two defendants, IN my
opinion, the principal penalty should
be imposed on the corporation The
traffic manager in this case, presumab-
ly, acted without any advantage to
himself and without any interest in tho
transaction, either by the direct au-
thority or In accordance with whaL 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 ofenses 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 and
Hudson River Railroad Company, for
each Of the six crimes for which it has
been convicted. be fined the sum of
$4,000, making six fines amounting IN
the aggregate to the sum Of sos, 900.
and judgment to that effect will be
cnte - n +@is case
SrT>Ec ASIDE OF JUDGMENTS
AND GRANTING NEW TRIALS.
In connection with this matter, /
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