Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-06-22

similar case at Chicago probably viii
nave been disposed ~. This Alton casa
Is distinct from that IN which Kresky
was concerned.
JUDGE sPENcER's STATEMENT.
Judge q. NJ. Spencer. OF 81 Joseph
4 general counsellor of the burlington
| railway, and as one of The counsel for
! Thomas and TaggaT before sentence
was passed upon Che defendants. made
/ presentation of the cases 10 the
I court IN Tie course pf which he said.
Any anxiety ] may feel lest too sa-
we're a punishment Doe imposed ON these
DEFENDANTS, docs NOT grow ont of any
I iacts m evidence m he ease. but rcstg
I on considerations entirely outside the
Z record.
There is DOW disturbed condition
on the public mind bon general and
WINE speaker Cannon. in his recent
W'leie' assures Us thar the rouutr,s
was never $50 prosperous as nov. hp
might well have added with equal
tulh that the country never desired
'hahg' ln i's tone of prosperity So
muCh as % does just now. For two
weeks Wa have been trying cases I'm
thlh honorable court. the magnitude and
importance of which would have been
common but for the worked uu ,ord.-
uoI or the public mind by reports Of
lH'lofmulcfS Do Washington such as
'ur tate OIL, the meat Inspection bin.
ana divers ana other subject including
gratis, trusts and oil combines.
Inc announcement b. sent abroad
10y the DEPARTMENT OF Justice m Wash-
lslon that unless some one h sent 10
we penltentlary. this rebate practise
Will not stop.
II the conspiracy statute applies 10
any one form OF rebates and conces-
SONS. II likewise applies 10 an forms
ol rebate and concessions and the
courts cannot be used 10 punish one
"Iolg-aoer I'm one way and another i'm
ullerent way for the same offense.
mere have been three trials On this
court THIS term. iE which the defend
ants nave been convicted OF giving and
receiving concessions and rebates Are
you gong 20 fine some and lmpris1n
others2
President Roosevelt and his special
counsel split on the question of how
me prosecution should be- framed and |
against whom. Can the district at
'oIheY JUSTIFY his demand Tor greater .
punishment I'm the Thomas and Tag
CART cases than be- Is asking in packers
ana So the Burlington Caeesa II So .
on what ground
Is II on the ground Of larger sums OF :
money No. or different crimes? .
No, For both were dcfuudS ON .
irelghts or concessions. and your hon.
or mas well said during this trial. there
Is no real distinction The crime l.
me same In substance. but The form
OF the indictment and the name NJ the
'ilme Is different iu the one instance
than I'm The other
There is uo Justice I'm pursuing
these defendants while allowing the
real offenders to escauc. Tho escapo ~
ono criminal is mo- defense for the
lthef, but Is ID not a mugkary ON Jus
lice for this great national government
% st by ami call one after another
II lhese rich merchants. or allow them
% clear their skirts ~ crime and /
10y telling how their own
gent al their solicitation obtained
money from The railroad Tor them An
ms too, by The consent and ON terms
amed by the government There Is
Hi one case in an the books which
qlals q In the miscarriage Of Justice.
ma that is the old casd In Massachu-
etts where the negro man and white
conan were tried for cohabiting-the
egro was convicted. while the white
roman was acquitted by the same
curt and Jury"
COURTS STATEMENT.
Judge Mcpherson made a statement
the cases before passing judgment
which he reviewed The various
larges and evidence brought out at
le trial In the case Of ,he four pack
~ companies convicted Of receiving |
'ncessions IN accepting a rate OF %
'nts 2 hundred pounds ga export ship
nnts from Tho EnrIInrt.n rod l.