The morning call., 1890-07-01
ALONG THE RAIL.
A Decision in a Case of DiScrim.
nation in Rates.

The decision in the case of the Michigan
Central officials, charged with violating the
interstate commerce law. by receiving snip
ments of grain from Counselman ~ Co. at
less rates than were charged other ship
pers, is as interesting as it is novel. The
high officials Of the road, who were cognl-
zant of the acts of their employees, and, as
might have been supposed, were willing to
shoulder at least a portion of the blamer
were on trial eXonerated. Arthur w.
Street, assistant general freight agent OF
the Michigan Central, was fined $4,000. The
two contracting freight agents, f. Z. Mich
olas and f. l.. SOmmers, were acquitted, put
discharged from the employ OF the COM
pany. Or this decision Il Chicago paper
says:
II looked from the beginning as if every.
thing had been cooked aud dried beforehand
TO acqut everybody except Street, UPON
whose shoulders the Michigan Central mas
laid The blame for The fraudulent transactions
aud discharged him from its service on that ac-
count. Railway men and shippers have great
deal OF sympathy for Street, who is not DelleVeu
10 be the gully party. He alone made no de-
Tense TO the charges and no attempt 10 shilt Inc
responsibility on some one else. After MS ar
rest his wife'S mind became affected, ana sue Is
now IN an insane asylum. Aside from the saiaTy
he gets from the Missouri Pacific as commercial
agent he possesses nothing, aud It is not believed
that lie VIII be able TO pay his me, anu MS
friends appear 10 have deserted him.
In deciding the case Judge Blodgett said that
the fact tending to crImuate Nicholas was that
1lbbetts showed him fictitious ex pense Dill
bearing peculiar led stamp containing Inc
words, PAY advance charges to Santa re Ele-
vatOr Company only" This expense bill pur-
potts 10 BE- made by a Western road, but In fact
originated IN COuuselman'S office and was III lllr-
theranee OF an unlawful scheme Nlchoas re,
ferred IibbetIs 10 street, and when Street SAID
il was all right Nicholas thought If his superior
said IL was all right II must be SO. THIS dlu hot
cfiminate Nicholas.
oil in fr,ra tat
providing that any railroad employe who shall
Willingly suffer OF permit any act III VIOLATION OF
The law shall be deemed guilty." etc., required
in order TO secure Il convection that such person
knew OF the original conspiracy TO Violate ine
law. subordinate could be held accountable
only when lie knew OF The fraudulent nature OF
the act. 1t must be shown that The subordinate
had positive knowledge OF the wong Intended.
The evidence against SUnlers, said The court, was
that The bills OF lauing were issued li0nl the
Blue Line office and used TO promote tile scheme,
but there was evidence that lie had any
knowledge of The conspiracy.
In HE case OF Street The testimony OF Slade
ana Martin that they had made the original ar
rangement with him stood uneonIradcled. lie
must be found guilty ana tile punishment must
be severe 10 make an example that would deter
others fIO violating The law. l he maximum
fue was $4,000, and III this ease the court would
make IL $4,000.
To-day the order consolidating the audit
ing departments Of the Coast Division OF
the Southern Pacific and the North Pacific
Coast uarrOw gauge and the incorpora-
ton of the same into the Pacific system
will take effect The order was given by
Nh Huntington few weeks ago at the
suggestion Of Secretary Lansing, whose
ideas of economy seem to have touched
responsive chord in the heart of the great
financier. The clerks in those departments
have nearly all been provided for in other
Offices. Z. J. Robinson. the auditor. vii!
be given a clerical position in the Office OF
General Auditor Wright Freight Auditor
Mil 10 10 T.
ment for number OF the consolidated outs,
and not more than three or tour Will find
themselves out OF work on account Of
"HuntlngtOn's knife"
The annual report of the Nevada and
California Railroad was filed with the Rail
road Commissioners yesterday. This road
is owned by the Morgan Bros, bankers, OF
New York City, and extends from Reno,
New, to Legan, Lassen County, Cal.
distance of 10 miles. +. Gest Is General
Manager Of this company, which has no
capital stock or funded debt. The floating
debt amounts to SI11S 60; the cost of con-
structing and equipment up to December
81, 1889. has been S6l5.036 So; passenger
earnings for the year, Sl7,696 Al; freight
earnings, S30,397 81; other earnings,
S6i6 81. Total earnings from operation,
S49.Ol3 AZ; amounts paid annually 10 en-
Superintendent Bassctt OF the Coast Di-
vision left yesterday for Portland with ttl,
remains Of j. Brandt, late Superintendent
of the Southern Pacific lines in Oregon,
who died at the Lick House on Saturday of
heart disease. MIR. Brandt had been in the
employ of the Southern Pacific Company
for many years and by faithfulness and
ability won the esteem of both employers
and employees.
w. ii. Mention has been appointed Gen.
eral Freight and Baggage Agent Of the San
Francisco and North Pacific, vice Charles
Thorn Jr., resigned, and w. j. McMullin
Assistant General Passenger and Freight
Agent, vice w. II. Mention, promoted.
The second train-load OF tea brought into
port recently by the Rio. left last evening
for the East over the Central Pacific Union
Pacific and Northwestern. The train was
q tea special, made up of thirty ears.
Land Agent w. III. Mills of the Southern
Pacific arrived from the East yesterday.
He has on hand large and select stock of
theories" concerning the Worlds Fair,
which can be obtained at reasonable prices
Henry Cassidy, formerly with the Chi
cago and Northwestern, has been appointed
Contracting Freight Agent for the Atlantic
aud Pacific, with headquarters in this city.
j. W. Cathcart, attorney for the Southern
Pacific, returned yesterday from his trip to
Sissons, much improved in health.
w. NJ. Thompson, chief clerk to the
United States Railroad Commission at
Washington, arrived here yesterday.
Fred Croker left yesterday for Sacra-
mento to attend the funeral of relative