The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-08-10
NO CRIMINAL INTENT
ON PART OF MORTON
Interstate Commerce Commits
sion Issues Statement on
Rebate Giving Cases.

WASHINGTON, Aug 9.-In state
ment issued today by the Interstate
Commerce commission regarding the
conviction of the Atehison, Topeka &
Santa Fe Railway company for viola
ting the law with regard to the giving
of rebates, the commission says: 'The
avowed purpose Of the practice tends
to support the view that there was no
criminal intent on the part of Paul
Morton, former Secretary of the Navy
and former head OF the traffic depart
ment of the Santa Fe, and the other
railroad officials involved. The state
ment calls attention to the fact that
with the imposition of the $4,000 fine
on the railroad, "the history of the
famous Santa Fe rebate case is prac-
ticallv closed, - and praises President
Roosevelt and Attorney General Moody
for carrying out with success the Ad-
ministration Is declared purpose to en-
force the statute in all such eases.
Regarding the criticism which fol-
lowed the refusal OF the Administra-
ton to prosecute Paul Morton, the
statement says: "Too much praise
cannot be given to Attorney General
Moody in carrying this case through
to successful termination, and that,
too, after the adverse criticism in many
Journals because of the refusal Of the
Administration TO undertake the prose-
cution of Paul Morton. then Secretary
of the Navy, and formerly head of the
traffic department OF the Santa Fe sys-
ten.
Had knowledge of Case.
"The Attorney-G eneral, in disagree
ing with Messrs Harmon and Judson,
who had been employed by the Govern
ment TO make n preliminary investiga-
ton, acted plainly with foreknowledge
of the legal difficulties that attended
every step in the attempted prosecu-
ton of Mr.. Morton and other officials
in this peculiar case, which really grew
out of n long standing practice intend
ed primarily to develop the conl indus
try in Colorado and New Mexico, which
really did have that effect, and which
only became conspicuousy unlawful
after the passage of the Elkins law In
1903, and the courageous investigation
and report of the facts by the Inter"
state Commerce commission to the At
torney-G General,
''There was technical violation OF
the law involved IN the transaction, as
has always been plain, but that there
was criminal intent on the part of Mr..
Morton and the other officials involved
has always been denied; and the
avowed purpose of the practice tends to
support that view
u uIIHEI vi lllt StdltultEl odNS'
Sought Contempt Case.
''It will be remembered that the De-
partment of Justice first sought TO use
this case and others in the Kansas City
Federal court to establish contempt on
the part Of the Santa Fe, which was
then under injunction issued in omibus
form and covering all traffic against
that carrier and numerous other ear
riers engaged largely in carrying grain,
grain products, live stock and livestock
products, on account of rebates shown
to have been granted generally on such
traffic In former investigation by the
Interstate Commerce commission. This
attempt TO establish contempt by show
ing rebates in coal failed, the court
holding that general injunction could
not lawfully issue.
Later on n civil case brought against
the Santa F'e by coal mining companies
Disseminated against in favor Of the
Colorado Fuel and Iron company. was
settled by the payment Of something
like Il half-million dollars, and now has
followed the convictions as above
stated Of the railway companies and
the fuel and iron company