The San Francisco call., 1908-03-15
GOVERNMENT WARY
OF DFVLIN'S PACTS
Connection of District Attorney
With S. P. SpOiIs Usefulness
in the Rebate Fight
Arrangements for Interstate
Prosecution Being Made With
the Local Man Out

Pacific in the local federal courts for
rebating have brought forth strong in
timations from washington that ar
rangements are being made TO supplant
United States Attorney Robert T. Dev-
lin in these prosecutions. The objec-
tiOn 10 Devlin, it appears, is based on
his affiliations. legal and political, with
the Hartman corporation. In admin
istratiOn circles tne discovery Of the
close relationship between Devlin and
the Southern Pacific has created 2 lack
OF confidence in the local Official.
After the system of rebates main
tained by the railroad had been ex-
posed by Interstate Commerce Com
missioner Franklin K Lane a report
reached San Francisco that the attor-
ney general was preparing instructions
authorizing Devlin to proceed with the
prosecutions. Communications were at
once addressed to officials close TO
President Roosevelt, including Secre-
tsry Straus. calling attention to Dew
Inns peculiar position in the matter.
These communications were sent by
San Franciscans interested in the
movement set on foot TO put an end
10 rebating.
After these communications reach ed
the national capital ii is stated that
a quiet investigation was made and
then the arrangements for the prose-
cutions were changed Il is now re-
ported that a special agent Of the at
torney generals Office viii be sent to
the coast to proceed against the rail-
road
Devlin was formerly employed as an
attorney by the Southern Pacific. but it
was generally thought that upon ac-
cepting the federal position he had
ceased TO serve the corporation against
which the batteries OF the administra-
tion had been directed This, how
ever. proved TO be not the case. Devlin
made no parade Of his railroad service
after he accepted Office. but it contin-
ued nevertheless. This was revealed in
suit in Sacramento IN which Devlin
appeared openly for the railroad.
This condition Of affairs crea ted
some degree Of amazement among
those who could not with clearness
see how man could serve two mas
sers' The one opposed TO the other
Wnen this question was put before
DeVlin and he was asked outright how
he could serve both the government
ano the railroad he replied to the re-
porter, Tell your editor 10 go to
h-l,'
Not only has DevIin continued m
act as the legal adviser OF the SOUTH
ern Pacific but he has been so closely
connected with the political bureau of
a.
come current that he was its choice
Tor the United States senatorship.
me situation is said to have caused
esofne embarrassment to the admins
tration in Washington. Devlin was ap-
pointed at q time when the lines were
not as sharply drawn as ait present. II
IS stated that plans were made to take
the prosecutions out of Deviin's hands
as gently as possible
DeNlln is ont Of fovUu h,,t l,gc ,e
sistant, George Clark, who has charge
or seme Of the cases now pendine
against the Hartman company. saws
that no word in regard to the prosecu
ton has yet been received from Wash
ington.
We have not heard a word about
any cases developed by the Interstate
p commerce commission" said Clark.
Onclally we know nothing about anv
rebating charges. It's purely a state
matter, anyway"
The fact that Devlin's Office has re-
ceived no word in regard to the i'm
pending prosecutions is taken to indf-
cate that the government has chosen
another medium through which to
bring the cases to trial
Clark's statement that the matter is
purely state affair is at variance
with the opinion of Commissioner
Lane, who was so thoroughly con-
WINGED Of their interstate character
that he declined to allow General
Freight Agent c. Nv. Luce to testify
for fear that Luce would secure i'm
munity by taking the witness stand.
Interest for the time being has been
centered in the investigation now be-
ing conducted by the state board of
railroad commissioners. The inquiry
has already taken range that pre-
sages interesting results, and in order
to provide against a possible cessa-
tion of the work, members of the
California traffic association raised a
fund yesterday 10 be used for defray-
ing part Of the expenses of the in
quiry-
witnesses will be brought from va
rious sections of the state co answer
some of the statements made by Luce
during his four days testimony. Big
and little shippers will be placed on
the stand in an effort to prove that
the discrimination was OF the most fla
grant kind
1t is stated that the California traf-
fic association does not oppose what is
known as the reduced manufacturing
rate, but desires that it be public
rate available to all shippers.
The local traffic association is CO.
operating with a like organization in
Los Angeles. Arrangements have been
completed by which the California
traffic association will act as the Pa
cifc coast representative of the ma
tional traffic association.
In speaking yesterday of the investi-
cation. Isidor Jacobs of the California
traffic association criticised Luce and
denounced the methods of the rail-
roads. He said:
The testimony of Mrs Luce. general
freight agent of the Southern Pacific
company, while on the stand during
four days last week indicates the most
vicious and hagrant violation of the
laws governing freight rates that has
ever been exposed in California or on
the Pacific coast.
Notwithstanding the shiftv manner
and the evasive and elusive replies OBJ
tained from him, the testimony was to
the effect that there We're all SORTS of
rates msde for all sorts of men. but. as
il happens. the men who obtained dis
ordinations in their favor were always
the large concerns. The excuses given
were ridiculous and frivolous When
ever Mr. Luce was pleased by a oues-
tion he always used the expression.
under similar circumstances and con-
ditions. This seems TO be their excuse
for giving large warehousenan in the
San Joaquin valley an inside on grain
rates Of per cent. which directly af-