The Minneapolis journal., 1903-03-03
CASES THROWN OUT
Judge Lochren Dismisses Indict-
ments Against Wis. Central and
Ann Arbor Officials.
The Court Satisfied That the Charges
We're Based Upon Imperfect
Information.

The elimination Of the proceedings un-
der the indictments found last fall against
four officials of the Wisconsin Central
and the Ann Arbor railways eliminated
in the federal court this morning before
Judge Lochren in an order Of the court
made upon application of the. United
States attorney, dismissing all the gen.
tlemen Indicted. The court acted upon
the ground. in substance. that after an
examination of all the evidence sub
nitted, including much evidence which
had not been submitted to the grand jury
the government was satisfied that the
charges could not be maintained and be-
lieved that if such additional evidence had
been submitted to the grand jury. the in
dfctments would never have been found.
In August 1902, a traffic official Of a
competitor of the Wisconsin Central rail-
way company advised the interstate COM
merce commission and the department of
Justice that sundry shipments of mill
stuffs had been made over the Wisconsin
Central railway at rates and under cif-
cumstances indicative of a purpose on the
part Of the Wisconsin Central Railway
company to avoid the provisions of the act
to regulate commerce and its various
amendments. Investigations set on foot
by the interstate commerce commission
resulted in obtaining some evidence which,
unexplained, tended to show that the law
had been violated. = -
The specific charge was that on May 20
1902, a car of bran was transported ovel
the Wisconsin Central railway, the Anr
Arbor railway and the Lake Shore 6
Michigan Southern railroad, from Mime
apolis to North Amherst. Ohio. at the rate
Of 8 cents per 100 pounds, the published
joint tariff for the transportation Of sucl
a shipment being at that time 1S1s cent!
per 100 pounds. BY inadvertence of a bill
ing clerk employed by one of the carriers
in 1vUa Wy
which participated in the transportation
the expense bill at point of destination
enormously made it appear that the tota
| amount actually charged and received 70
the transportation from Minneapolis t,
| North Amherst was, as stated in the in
dictment only s cents per 100 pounds.
A subordinate employe of the interstat
commerce commission thereupon initiate,
proceedings. against the Wisconsin Centra
! Railway company by bringing the matte
| before a grand jury summoned in the dis
trict court of the United States for th
| district Of Minnesota, by which body al
| indictment was found on Sept A. 1902
against Henry F. Whitcornb, president
and Burton Johnson, general freight agen
| of the Wisconsin Central Railway com
| pany, and others. ~ -. - 9.
! subsequently counsel for the railway
! officials indicted, submitted to the depart
ment OF justice, documentary evidenc
| WHICH demonstrated COnCluSlVely not only
| that the charge as made was withou
| foundation, but that at a matter Of fac
full tariff rates had actually been exactet
! for the shipment in the usual course o
! business and had been paid to and re
celved by the participating carriers.
1t will be remembered that the charge
referred to were engineered through tn
grand jury by one Marchand who was OBJ
served to be in constant and mysteriou
communication with leading official of
prominent Chicago Minneapolis line and
competitor of the Wisconsin Central roat
The officers Of the latter road were sun,
moned to appear before the grand iur
\ which found the indictments and wer
present in full force for several days whil
the grand jury was in session but we1
not suffered to present the evidence whic
is now found completely to exonerate tn
indicted officials. 1t has, indeed bee
openly claimed that the indictments we1
in fact procured by unauthorized and i'm
proper representations that the attorne
general himself had passed upon the ev
dence submitted to. the grand jury an
deemed it sufficient to convict and desire
the indictments. The action now taken
sufficient to demonstrate the falsity
such representations il they were in ia,
, made.