Los Angeles herald., 1907-11-08
JUSTICE is DONE

"Ouiu HdNe Deen Sunlclent cause lot
a popular sensation--the great fine Inn
posed by Judge wellborn Of the United
States district court upon the Santa
Fe railroad, which stands convicted of
the crime of rebating. But since the
Judicial act of Judge Lands in impos-
ing the maximum penalty on the Stan
dard OIL company the public has been
prepared for what happened in Los
Angeles yesterday.
Some there may be who Will think
that Judge wellborn has simply been
Following the precedent established by
another court of equal Jurisdiction.
But we believe this not to be true. It
is not at all likely that in deciding
upon the degree OF punishment Justly
due the Santa Fe Judge wellborn was
influenced in the slightest degree by
what another court had done. Those
who know the man and are familiar
with his record upon the bench under
stand that he possesses the moral
strength to do his whole duty, whether
acting in the capacity of Judge or
private citizen.
AS the result of the efforts of the
prosecution the Santa Fe was found
guilty Of having given rebates in sixty
six specific instances. United States
District Attorney Oscar Lawler so
clearly established the guilt of the de-
fendant company that no loophole of
escape was left. When his efforts were
ended there remained to Judge Well
born no alternative but to name the
penalty. If he had directed that the
company should pay the maximum fine
uf 100000 for each ofhfense, or G total
OF $1,S20,O00 the effect upon the pop
ular mind naturally would have been
the Indictment of suspicion that he
had been prompted by sentiments or
actuated by prejudices that are not in
perfect harmony with the spirit of JUS
tice. His imposition of moderate fine,
one-fourth the sum permitted by the
federal statute, cannot but be accepted
as proof that he has endeavored to be
eminently fair to the defendant COM
pany while furnishing it for crimes
which it has perpetrated with full
knowledge of the probable consequences.
The Santa Fe Railroad company has
been the recipient of innumerable
beneficences at the hands of the people
of California. 1t has urged, from time
to time, that the inhabitants Of this
state should not confound its methods
of management with those of the
Southern Pacific, for the Santa Fe was
mot in politics" The people have been
lenient. They have prayed to and
ment of this railroad, through COM
mercial and industrial bodies, through
organizations of shippers and in thou
sands of cases by direct individual ap-
peal, to the end that reasonable treat
ment should be accorded them. But
the authorities of the Santa Fe have
what?-laughed at them!
Now the thousands of freight ship
pers of California are to have their
day. Their repeated appeals for fair
treatment-even for mercy-are to be
answered. The tremendous injustices
not be rectifed, the millions sacrificed
to the inordinate rapacity of a dis
honest and hypocritical corporation
cannot be recovered, but Judge Well
born's view of the criminal operations
of this railroads management may
that railroad transacting business
within the state OF California, whose
operations come within the Jurisdiction
of a federal court, and using public
highways with the consent of the peo-
pie, in the future must abide by the
laws intended to govern them or pay
the penalty, like any other criminal.
The only source Of regret is the lack
of law permitting the imposition OF
prison sentence as well as a fine.
Nobody in California, excepting those
who may have been parties to the
criminal operations OF the Santa Fe,
will sympathize with that corporation
in it's troubles. For not only has the
Santa Fe been robbing the people of
this state right and left through the
giving VI reDdIes, Uul lue proSluSHI VI
that company within the past month
rubbed it in" by affirming his opin-
ion that the whole southwest was an
unsafe place in which to make invest
ments, on account Of the tendency of
the people (of California, it is to be
presumed) to compel railroads to OBJ
serve the laws provisions. The south
California, at least-through one
of it's just judges is proving to the
world that investments here will bs
safer than ever hereafter because of
the fact that the small shipper is not
to be robbed for the benefit of the
greater shipper or the shipper with a
quill"