Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1906-12-06

that baFis-that II, ~ this discrimination
tANor OF thlh particular shipper was
msue Win an 10 Instead OF q cent
rate ana the thrin rate was maintained
se against their competition re-
sui mlght Dc and not improbably would
be that their competitors would be driven
out OF business This crime BE- one which
N lts nature IL deliberate and prsmedi-
tated / think over a fortnight elar ed
pv.N"en the date Of Palmers letter re-
SuerlnE tire reduced rate and the answer
OF The railroad company deciding TO
grant H. and then Tor months after
WARDS WIS business was carried on and
these claims Tor rebates submitted month
After month and checks In payment OF
mem drawn month after month such
: violation Of the Law. ia my opinion In
~ sssenusl naturs. IA very much
common, vulgar crimes which come be
loie criminal courts constantly for pun
lsmnent and which arise from sudden
passion 90 temptation. This crime In
this case WAS committed BY men OF
sdueauon and Of large business expert
.nes. whose business stasdlng In the
community vas such that they might
Save been expected 10 set an example
Of obedience 20 lac. upon the main
ienancs % which alone In this country
ne security Of their property depends
railroad corporation. which. like other
railroad corporstiOna has received gra-
tIitousll from the state large and vslu-
.ne. 1890 sss q. rs' *. pSsl;s; CONVEX.
public functions and which IL charged
sith tbs mghsst oblisauon In the trans
action u 10 business 10 treat the citizens
=. Sssins. siis sjasi disoTimin. ions
between different sitinsns or different
classes Of eitirsna TITS crime In It's
ga s, :. %. ,s S' s01: Si5s ;.;5cSy
20 ohtAih. The intsrstAts commerce act
gas passed In iSl, nearly y years ago.
Ever since that time complaints Of the
common. urgent. insslsni and sitho
me congress has repeatedly past legs
huon ehdsaNoring 20 put a stop TO this
svil. the dincnltiss OF obtaining proof
upon which 10 bring prosecution IN these
cases IL ~ great that this 10 the first
case that has ever teen brought in this
court, and. a. ! am Informed. this case
and ono recently brought in Philadelphia
are the only cases that have ever been
brought in the eastern part Of this coun-
ny ln fact. but fsv cases 81 this kind
have ever been brought In THIS country.
east 90 west NOw. under these clrcum-
stances. { am forced 20 the conclusion.
ln case IN which the proof ia ~ clear
and ths facts are % Migrant IL IL the
duty ~ the court 10 H1 a penalty which
shalt in some degree b. commensurate
VIII ~. gravity 81 the onerse A. be-
tween The two defendants. ln my opinion,
the principal penalty should BE- Imposed
ia this case. preHuna bly,. acted without
an advantage Co himself and without
any interest in the Transaction. either
- the direct authority OF in accordance
with what be- understood Co be- the policy
or the wishes OF his employer.
The sentence OF this court in this ca So
is that the defendant iomcroy, Tor each
of the aiA oTeuHes upon which he has
i.een convicted. bee nned the sum of 81 .00
making SIX nucs. amounting in all 90 the
sum of 8 on. and the defendant The
Sew York central Hudson RIVER knii-
road company. for earh of the slH crimes
e which 10 has been convicted. be- fined
the ruw ~ 81 90. making sin nnes
amounuur 300 me eggregat" Go the .um
Of Nm.rp". and judgment Co. that eject
will hs entered in tnis case.
E,a.ioa by T~chBIcsiities.
In connection with this matter. ! would
Ike DO ,aU attention O. the very unsat-
iafartory state 90 our criminal law. re-
sultug in large patt from The habit Of
setting aside the judgements Of Inferior
courts ON 70, hui,IlltcH absolutely I'M
connected Sith tie merits 81 the case,
and where there 10 rn atcfnpt 20 show
that there has been any failure 81 sub
stantiaI Justice 10 would he Vel 10 en-
at law providing something TO The
30 Judgment shall be- set aside or new
trial granted iu any cause ciVil or Grim
inat 80 the ground OF mlsiircCtion OF tho
iuTy OF the improper admission or re-
lection Of evidence. or Tor error as To any
matter OF pleading ~ procedure unless ,s
admiration J. made. aztec an GAMMA
Am nf me entir. cause. 10 shall affrma .
tively appear that IN, error complained
o. has resulted n miscarriage OF
Justice. .,
In ms last message / suggested the en-
actmcut of law bee connection with the
Issuance Of iniuncuons. attention hav-
ing been sharply drawn 20 the matter
Nv the demand that the right Of apply
Ing Iriun,tlous la lalur cases should be
wholly abolished. IL Be- az least doubtful
whether a law hhonsh'hg al"t' lh'r me
use OF inluuttiuus ~ Hurh cases would
stand the test OF the cu-rts. in which
case of course the legislation would Be
ineffective. Moreover, believe II would
be wrong altoselu' 70 p.nn''', w.. ..,., n1S
Syruatny with criminals io weaken our
hands n UNFOLDING the law. ana li lnsn
seek to destroy ne or property ~ mon
Of Inc power of the courts TO dcll Wilh
thefn ir the most summary ana curCuNe
Vas possible But 80 ,ar a. p"eainie the
abuse of the power shullu pc Pl'NueI
against hy some auca law "e HuN" ANU
In tbis matter Of iniunctions there Is
iodred in the hands of tho JUDICIARY a
noressarv power which IL nevertheless
snht,ct TO the possibility OF grave abuse:
~ Il a power mat should be exercised
with extreme care ana shoula ne SUD
iect TO the jealous tcruuny OF an men.
and condemnation should be meted OUT
es much 20 the Judge who falls 10 use
90 hniii, when nocesstry as to the Judge
who uses IL wsntonly or oppressiVe!y.
OF course, a ludse ,,ronE enoI ny r Wv %,
80 ,tolence OF intimidation. especially by
'.o,sniracV. no matter what his opinion
may be OF the rights OF the Original quar-,
~ There must he no hesitation IN
l.tng with disorder. But there must
uLey,is. he no such abuse OF the In
S.nctivc power a. IS implied IN foroiddi II,
isboring men to strive foI Their own ost.
unr must The ,ujunction be used merely
V' "a soue hi, corporation In carrying
GU, schemes .oi les own. agsrandiEeln,e,n NJ u
a, Junction in labor case, II
xysnt.d without adequate proof ever
a,ssn authority can be- found 90 support
the conclusions o. law , o. W yhn limit
hstxssn the parties: and therefore II
,mproperly granted may do irreparaels
irons. Yet there ere many Judges ~ho