The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05


The Importance of euacting into law the
| particular bill In question Is further In
creased by the fact that the Government
has now definitely begun Il policy of re-
sorting 10 the criminal law in those trust
and interstate commerce cases where
such course offers reasonable chance
OF success. AT first. as was proper, eV-
cry effort was made to enforce these laws
by civil proceedings; but it has become
increasingly evident that the action Of the
Government In finally deciding. In certain
cases. 10 undertake criminal proceedings
was lustlnable: and though there have
been some conspicuous failures In these
cases. we have had many successes.
which have undoubtedly had deterrent
effect upon evil-doers. whether the pen
atty inflicted was in the shape OF fine or
kinds have already been inflicted by the
courts. OF course. whore the Judge can
see his way to innct the penalty OF Inn
prisionEmenl the deterrent, effect Of the
creased; but sufficiently heavy fines
complish much. Judge Ho, OF the New
York District court, IN recent decision
admirably stated the need for treating
with just severity. offenders Of this kind.
His opinion runs in part as follows.
Need for Severity.
The Governments evidence to estab-
lish the defendants guilt was clear. con-
elusive. and undisputed. The case was
hagraut one. The transactions which
took place under this illegal contract were
very large the amounts Of rebates re-
turned were Considerahle and the amount
OF the rebate Itself was large amount
ing to more than one-ffth OF the entire
tarin charge for the transportation OF
merchandise from this city TO Detroit II
Is not much to say. In my opinion, that
II this business was carried on for a
considerable time on that basls-thar is
II this discrimination in favor OF this par
ucular shipper was made with an lS In
stead of 81 23-cent rate and the tariff rate
was maintained rs against their Compcti-
tors-the result might be and not i'm
probably would be that their competitors
would be driven out of business. This
crime is one which I'm fits nature Is delib-
crate and premeditated. | think over
fortnight elapsed between the date of
Palmer's letter requesting the reduced
pany deciding To grant il. and then for
months afterward this business car
red on and these claims for rebates sub
mltted month after month and checks
IN payment OF them drawn month after
month. Such violation OF the law, in
my opinion. In its essential nature. Is a
dinary common. vulgar crimes which
come before criminal courts constantly
for punishment and which arise from sud
den 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 bcon cX-
pected 10 set an example Of obedience
TO law, upon the maintenance Of which
alone in this country the security Of their
property depends. IL was committed on
behalf OF great railroad corporation.
which, like other railroad corporations,
has received gr9tuitously from the State
large and valuable privileges for the pub
les convenience and its own. which per-
forms quasi public functions and which
is charged with the highest obligation In
the transaction Of its business TO treat
the citizens OF this country alike. and
not 10 carry on Its business with unjust
Determinations between different citizens
or different classes OF citizens.
This Crime Hard to Prove
This crime in its nature is one usually
done with secrecy. and proof of which II
Is very difficult TO obtain. The Interstate
commerce act was passed in 1851 nearly
twenty years ago. Ever since that time
complaints Of the granting OF rebates by
railroads have been common. urgent and
insistent and although the Congress has
repeatedly passed legislation endeavoriue
TO put stop 10 this evil the difficulty
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 I 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 country. In fact,
hut few cases OF this kind have ever been
brought in this country. East or West.
Now. under these circumstances, | am
forced to the conclusion. In case in
which the proof is so clenr and the facts
are so flagranJ. 1t is the duty OF the court
20 fix penalty which shall in some de-
gree he commemorate with the gravity
OF the offeuse. As between the two de-
PENDANTS. In my opinion, the principal
penalty should be imposed upon the cor
poratioD. The traffic manager I'm this
case. presumably actcl without any ad
vantage 10 himself and without any inter
est in the transaction. either by the di-
rect authority or in accordance with what
he understood to he The policy or the
wishes of his employer.
tiThc sentence OF this court in this case
Is. that the defendant. Pomeroy. for each
of the six offenses upon which he has
been convicted. be fined the sum of $1,000.
making six fines amounting in all 10 the
sum OF $4,000: and the defcnant, The New
York Central * Hudson River Railroad
company. for each OF the six crimes of
which IL has been convicted. be fined the
sum Of SIS. 900. making SIX fines. amount
Ing in the aggregate 10 the sum Of sl08.-
600 and that judgment to that effect will
bc entered in this case"
IInsafisfnctorv Criminal J,aw