Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1906-01-01
ENFORCE ELKINS ACT
ATTORNEY GENERAL MOODY Will
ACT VIGOROUSLY.
onStruCtS all United States Attorneys
to Investigate and Prosecute In
der the Criminal Clause. The
Cracker on President ROOSevelf'S
Whip.

Attorney General Moody has is
sued to all United States district
attorneys a letter of instruction in
which he calls upon them to en-
force the anti-rebate law known as
the Elkins act. The attorney gen
eral calls attention to the fact that
the Elkins act provides punishment
by fine and also provides for the
prohibition of rebates through the
injunction process. The attorney
general calls upon the district at
torneys to diligently investigate.
and in every case in which sufficient
evidence may be secured. to submit
that evidence to the grand jury with
a view of securing an Indictment.
He says that it is desirable that
indictments be returned both
against the shipper and the carrier.
Pointing out that under the Elkins
law 4the only penalty is fine, the
attorney general says that in all
cases where the evidence would
warrant it an Indictment for con-
spiracy to commit an offense
against the United States based up
on section 5440 of the revised stat
utes should be obtained. He cites
a decision of the supreme court in
which it was held that conspir-
acy to commit crime itself pun
ishable by fine is punishable by in-
prisOnment, and he says that IT,
the event of conviction upon a
charge of conspiracy, the district
attorney should present to the coutt
the desirability of inflicting the pen
atty of Imprisonment "to the end
that these unlawful practices which
have received almost universal con-
demnation may be discouraged and
prevented as far as existing laws
will accomplish that result" "
That is the plainest kind of talk
and just at this time it will be en-
tirely agreeable to the American
people. Walter Wellman, Washing
ton correspondent for the Chicago
Record Herald, says that this is
"the cracker on the whip which the
president is welding over the rail-
roads," and that officials who may
be caught in the net now thrown
out are to be prosecuted not under
the Elkins law which provides for
fine only, but for conspiracy with
terms of Imprisonment staring them
in the face if they are convicted.
1t is to be hoped that President
Roosevelt will act on such lines as
these, not merely for the purpose of
winning his point with respect to a
particular piece of legislation. but
in the effort to require influential
men to give some consideration 10
public interests. Mr.. Roosevelt
will find that he will not make ma
terial progress in any serious cam
paign against the special interests
by feather duster blows. Although
it may seem that the representatives
of special interests are powerful,
they can not long Withstand de-
termined campaign waged by
faithful public official who is back
ed by public sentiment. To feath-
er duster blow these representatives
of special interests retort very
smartly and they display thorough
contempt for law and authority.
But they were crushed in Jackson's
time, and they will be crushed in
Roosevelt's time if the patriotic
and determined methods employed
by Jackson are brought into use.
The president and his attorney
general deserve commendation for
the order referred to. 1t is to be
hored they will adhere to this pol
icy all along the line. These rich
and influential law breakers deserve
no more consideration at the hands
of the authorities than the cheapest
of criminals. Move against them
at every point, Mr.. President. The
people are with you. Treat them
as they deserve to be treated-just
as the commonest criminal is treat
ed. And in waging your campaign
against these law-defying men re-
member that
"Tender handed stroke nettle
And it stings for your pains;
Grasp 1t like a man Of mettle
And It soft as silk remains"