The Montgomery advertiser., 1906-08-10
 WHITEWASH
 FOR MORTON Statement of Commerce Commission. WAS NO CRIMINAL INTENT Praise for President is Also Insert
 cd Therein. Was In Regard to Litisation Regarding conviction of Atchison, To- peka and sante Fe Co,
 For Rebating.

Washington. Aug 9.--In statement issued today by the Interstate Com merce Commission regarding the con- viction of the Atchison, Topeka and Santa Fe Railroad Company for vio- Iating the law with respect 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 head of the traf- flo department of the Santa Fe and other railroad officials involved.
 The statement calls attention to the fact that with the imposition of the s15.000 fine on the road the history of Ihe famous Santa Fe rebate case is practically closed" and praises the president and attorney general Moody for carrying out with success the ad- ministration's declared purpose to en- force the statute In all such cases. The statement follows:
 With the recent conviction of the Atchison, Topeka and santa Fe Rail-
 way Company and the Colorado Fuel and Iron Comrany and a fine of $15.000 imposed upor each in the federal court of New Mexico for violation of the tn- terstate commerce law through giving rebates by the railway company to the fuel and iron company the history ot
 the famous Santa Fe rebate case IS
 probably closed.
 roo much praise canot be accorded to Attorney General Moody in carrying fhis case through to successful te-- minatIon and that. too. after the ad- verse criticism In many journals of the refusal of the admit iStration to under take the prosecution of Paul Morton, tken Secretary of the Navy and former ly head of the traffic department of the Santa Fe. The Attorney General in dis' agreeing with Messrs. Harmon and Hudson, who had been employed by the government to make an inquiry. acted plainly with foreknow1edGe of the lc- gal dlG4icuitias that attended every steE l Tn the attempted prosecution Of Mr Morton and other officials in hls pecu 1 liar case which really grew out of long standing practice intended prlmar l ily to develop the coal industry in Col orado and New Mexico which really di. I have that effect and which only became conspicueusly unlawful after the pas 1 sage of the Elkins law in 1903. and thu courageous investigation and report o 1 the facts by the Interstate Coinmerct | Commission to the Attorney General. No Criminal Intent.
 ] There was a technical violation o | the law involved in the transaction al l has been plain, but that there was crim I and the other officials involved, has al ways been denied and the avowed pur' l pose of the practice tends to supper l that view On the other hand 1t is no | dificuIt to prosecute the corporations I themselves, and upon an agreed state
 ment of facts presented to the court the fines above mentioned were impos | ed.
 ! It will be remembered that the De | partment of Justice first sought to us' | this case and others in the Kansas Cit! Federal Court to establish contempt or 1 the part of he Sana Fe which wal | then under injunction issued in omni
 been granted generally on such trafh' | against that carrier and numerous othe I carriers engaged largely in carrying
 grain products and live stock products
 on account of rebates shown to hav'
 been granted generally on such tranii
 in former investigation by the In terstate Commerce Commission.
 This attempt to establish contempt by showing rebates in coal. failed, tn! court holding that general injunction
 could not lawfully issue. Later on | civil case brought against the Santa Fe by coal mining companies discrinl' mated against in favor of the Colo
 rado Fuel and Iron Company, was set tied by the payment of something lik,
 a half million dollars; and now hal
 followed the convictions as abov'
 suited of the railway company ant
 tho fuel and iron company.
 Tbus apparently ends a famous chap
 ter ii, the history of litigation under
 ti,e Interstate commerce laws. l | The Interstate Commerce Commission ll deserves the credit of Initial investiga
 tion and public report.