The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-11-13
CLAIM RAILROADS
DEFEAT THE LAW
Net Amount Received is
Less Than Published
Open Rates.
CASE INVOLVES
PABST BREWING co
Attorney General Moody Will
File Petition To-day Which
is Regarded Of Great Gen
eral Importance, and
Press to Speedy
Hearing.
(By Associated Press.)

WASHINGTON. D. c., November H.
Attorney General Moody to-day made a
statement with regard to the petition
which Will be filed by his direction to-mor-
row in the Circuit Court Of the United
States for the Eastern District OF Wiscon-.
sin, brought under the Elkins law to test
the legality OF certain commissions paid
by railroads (after the receipt of the
published lates) to a private cur transit
comapny, controlled by stockholders OF the
corporation shipping freight In those cars
over the railroads lines. The statement
follows:
"Thc petition is against the Milwaukee
Refrigerator Transit Company, Pere
A1arquettc Railroad Company Missouri,
Kansas and Texas Railroad, Erie Railroad
Company, the Chicago, Rock Island ana
Pacific Railroad Company ST. Louis and
San Francisco Railrbad Company, the
Wisconsin Central Railroad Company. tho
/ Chicago and Alton Railroad Company and
Pabst Brewing Company.
This case arises out OF the following
state OF facts, which have been investi-
gated by the Interstate Commerce Com
mission, and by that body and also by
private interests adversely affected,
brought to the attention of the Attorney
A General, and by him carefully considered.
Conferences have been held between,
1 the Attorney-General and District At
torney Butterheld, OF the Eastern District
OF Wisconsin, In Chicago and Washington,
and on Friday last, at a conference be-
tween the Attorney General, the assist
ant to the elAttorney- General. Mr.. Pur1y:
Special Assistant District Attorney Pagin,
the District Attorney and Special Counsel
Charles G. Quarles, OF the Milwaukee bar,
the form OF the petition was determined
upon. . ii K
Involves Pabst Brewery
1T appears that the Pabst Brewing
Company are large shippers OF beer over
the various railroads running from Mil
raukee. Some of the principal stockhold-
Sers OF that corporation organized and
own the Milwaukee Refrigerator Transit
Company, and corporation operating
private cars. To the latter corporation
the control of the shipments Of the
Pabst Brewing Company was given by
an agreement entered into between the
two corporations named. The various
railroads mentioned as defendants, while
receiving as freight money the open and
published rates for the transportation Of
commodities. have paid to the transit
company. IN whose private cars the beer
was transported commission of about
twelve per cent. upon the amount of the
freight money collected. with the effect,
Of course, that the net amount received
for transportation by the railroad COM
panics is SO much less than the published
and open rate.
Is Misdemeanor.
IThls petition is designed to test tho
legality Of such payments, and is brought
under the provision Of the so-cniled Ell
kins law. which provides that a failure
strictly TO observe the published rates
shall be niisdemeanor and further pro-
vides that 1T shall be unlawful for any
person, persons or corporations to offer,
grant or give, or to solicit accept or
receive any rebate concessions or dis
crimlnation In respect to the transpor-
,aton of any property In Interstate or
foreign commerce whereby any such
property SHALL by, any device whatever.
be transported at a less rate than that
named in the tariffs published and filed
by the carrier
THE case is regarded as of great gen.
eral Importance by the encouragement,
and will be pressed to as speedy hear
ing as a just regard for the interests of
the defendants will permit With Dis
trict Attorney Buttertleld, Mr.. Charles,
Quarles, Of the Milwaukee bar. has been
sso tod -