Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-12-06
PRESIDENTS MESSAGE

ed as against their comprehensive
result might be, and not improba-
bly, would be, that their COMPETE
tors would be driven out Of business.
This crime is one which in it's nature
is deliberate and premeditated. think
over fortnight elapsed between the
date of Palmer's letter requesting the
reduced rate and the answer of the
railroad company deciding to grant it,
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
a violation of the law, in my opinion,
in it's essential nature is very much
more heinous act than the ordinary
common, vulgar crimes which come be-
fore criminal courts constantly for pun
ishment and which arise from sudden
| passion or temptation. This crime in
this case was committed by men of
education and of large business expert
ence, whose standing in the community
was such that they might have been
expected to set an example Of obedi-
ence to law, upon the maintenance of
which alone in this country the securi-
ty of their property depends. 1t was
committed on behalf of a great rail-
road corporation, which, like other rail
road corporations, has received gratu-
itously from the state large and valu-
able privileges for the public's con-
venience 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 citi-
zens or different classes of citizens.
This crime in its nature is one usually
done with secrecy and proof of which
it is very difficult to obtain.
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 1 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
i country. In fact, but few cases of this
kind have ever been brought in this
country, east or west Now, under
these circumstances I am forced to
the conclusion in case in which the
proof is so clear and the facts are SO
fragrant it is the duty of the court to
/ fix penalty which shall in some de
gree be commensurate with the gravity
of the offense AS between the two de
PENDANTS, in my opinion, the principal
penalty should be imposed on the cor
pOration. The traffic manager in this
case presumably acted without any adj
vantage to himself and without any in
terest in the transaction either by the
direct authority or in accordance with
what he understood to be the policy OF
the wishes of his employer.
1.-THE sentence of this court in this
case is that the defendant Pomeroy fol
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
1 PENDANT, the New York Central and
Hudson River Railroad company, fol
each of the six crimes of which it has
been convicted be fined the sum OF
$4,000, making six fines, amounting in
the aggregate to the sum of $1OSOOO
and judgment to that effect will be
entered in this case"
Setting Aside of Judgments and Grant
j ing of New Trials.
In connection with this matter
would like to call attention to the very
unsatisfactory state of our crimina
law, resulting in large part from the
habit of setting aside the judgments OF
inferior courts on technicalities abso
lutely unconnected with the merits Of
/ the case and where there is no attempt
to show that there has been any failure
Of substantial justice 1t would be
we'll to enact a law providing some
thing to the effect that
No judgment shall be set aside OF
new trial granted in any cause, civil
or criminal, on the ground of misdi
\ rection of the jury or the improper ad
mission or rejection of evidence or fol
error as to any matter of pleading OF
i procedure unless. in the opinion of the
court to which the application is made
after an examination of the entire
cause, it shall affirmatively appear thai
the error complained of has resulted il
a miscarriage of justice.
Injunctions.
In my last message I suggested the
enactment of law in connection will
the issuance Of injunctions, attention
having been sharply drawn to the mat
ter by the demand that the right OF
applying injunctions in labor, case:
should be wholly abolished. 1t is al