Omaha daily bee., 1905-11-14
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Attornsy esnsfsl Alleges that Brewers
Indirectly Receive Rebates
RAILROADS PARTY TO THE CASE
Involves Legality Of TtsnIaOtiOnI with
Private Car line. gfEg
BREWERS OWN REFRIGERATOR CONCERN
1t Has Contract fof Handling Beer an6
Gets Commission from Reads
ALLEGES MONEY Is REALLY A REBATE
Effort WIN BE Made to Get Early
Decision of Point at Issue
Under the EIkins
=. Law. -
sRLWERs own REFRleERATOR CoNcERN
,LLLsLs NONEY IS NEALLY A RE9ATt

ssLWAUKEE, Nov. ls.--United states
District Attorney H. X. Butterfeld and
assistant Counsel Charles Quarles today
med complaint in the United states cir
euit court against the Milwaukee Refriger-
atorT Transit company, Perc Marquette
subway company. Missouri, Kansas q
"feNRs Railroad company, Chicago, Rock
island & Pacific Railway company, ST.
Louis & San Francisco Railroad company
Wisconsin Central Railroad company, Chi
cago & Alton Railroad company, the Erie
railroad company and the Pabst Brewing
company, charging the various concerns
With violating the Elkins law prohibiting
rebates. Determinations and concessions.
After reciting at length the corporate his
tory Of the various defendants, the COM
plant proceeds:
The said Milwaukee Refrigerator Transit
company Is and since the seventh day OF
October, 1903, has been Wisconsin cor
poration ana was organized among other
things for the purpose of acquiring and
operating refrigerato tor cars for the carriage
OF freight on the lines operated by the
defendant railroad companies named herein
and Of other railroad companies through
out the United States. that it has acquired
ana has the ownership and control of about
$40 such refrigerator cars, that as each
and every one of the said defendants we'll
know, said defendant, Milwaukee Refriger.,
organized, and It's business has and is be-
ing co.operated and carried on as a device
for the purpose, and with the intent OF
exactlng, soliciting and receiving from the
defendant railroad companies, by way of
rebates, concessions and determinations
large proportion OF the moneys received
by the said defendant railroad companies
for the transportation OF freight In such
cars between states 9 the frs Hqied Staiss
and for the purpose and with the intent
thereby to evade and violate the action
Of congress hereinafter specified
How Deal was worked.
The complaint further eharscs that large
sums OF money. undcH the name and g,ase
Of 'commissionsF toYlk CON go 70. i2lf
per cent Of all tile BioAeyss paid the said
defendant railroad eolnpanies for ,transport-
/, lnK freight in said carr between eprnpetitfvs
5tpolntssiu interstate ana foreign commerce,
paid 20 said defeadaii cotrpany,; 3sa
! 70 q complaint avess that upon organiEa-
ildh otthe Milwaukee Refrigeratof transit
honaunng. C;iistave G. Pabst and Frederick
,f.sslstt a4sAA IN tSesati,.t and Controlling
ointhfsf Of the Pabst eBrewing company,
neI1H written contract with Themselves
~ ic executive and controlling ofhcers
offths Milwaukee Refrigerator Transit
coihpany, whereby said Pabst Brewing
eompauy bound itself for a term OF years,
which has not expired, to give the Mil
, wat,I,ce Refrigerator company the shipment
and exclusive control of all the. products
ard all the freight of the Pabst brewing
company. Ie n y
The complaint also alleges that "alf the
rebates, concessions and u discrininations
herein charged have been ana are beins
cxaoted iron, the above railroad companies
by force Of threats of thetsaid Pabsts and
said Milwaukee RefrigeratoT Tremsit com
pany to divert the said tranic from said
Al -. =.
concessions are granted" 80 EM . S,A
The complaint asks the court TO -oraer
adiudge and decree that the seonbinaeior
and that the rates. regulations and prac
tees are unlawful" Esag 49, ,
The court is asked TO issue subpoenss iir
chancery TO the different cofppanics,s and
an effort will be made %, induce Jndg'
Seaman to take up the matsee s0mnlsrily
ordering the appearance and answee to o'
filed within twenty days, rs pre@ided b!
the statute. In the event tfa tiIls5is don,
testimony will be started early heEt 1uonth
Judge seman granted an ,orier directeC
to the defendants ordering. them TO fl'
their answer to the complaints within th'
next twenty days. 33Hsas
smlt Against 81. Louis TerminaI Co
sT. LOUIS. Mo-, NOV. 1S.-Milton d
Purdy. assistant TO the attorney genera
of the United States, ARRIVED here tonigh
ard registered at the jefferson hotel. MI
Rurag stated that the object of his pres
enct II ST. Louis was to collaborate wit
tinted States District Attorney DYER 4
the preparation of a bill which will b
\ 6ied IN the United States court agains
Tie st. Louis Terminal Railroad associa
lion, charging It with maintaining a mo
nopoiy on interstate commerce faoilitie
IN restraint OF trade and in violation q
the sherman antitrust act.
Mr. Purdy said that he would not assis
In the prosecution OF the case. but woul
simply transmit to the district attorne
certain changes In the bill, recon
mended by the attorney general.