Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-13
THE CODE OF HONOR.
AF TER THE RAILROADS
COMPLAINT FILED ALLEGING
VIOLATIONS OF ELKINS LAW.

MILWAUKEE,, Wis, November 49,
United States District Attorney II. X. But
terfield and Assistant Counsel Charles
Quarles today filed complaint in the
United States circuit court against the Mil
waukee Refrigerator Transit Company the
Pere Marquette Railway Company. the Mis-
souri,, Kansas and Texas Railway Company;
the Chicago, Rock Island ana Pacific Rail
way Company; the st. Louis and San Fran
cisco Railroad Company, the Wisconsin
Central Railroad Company, the Chicago and
Alton Railroad Company, the Erie Railroad
Company and the Pabst Brewing Company,
charging the various concerns with vio-
lating the Elkins law prohibiting rebates,
discrimnat tons 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 7th day of Octo-
Der, 1904 has been, a Wisconsin corpora
ton. and was organized, among other things,
for the purpose of acquiring and operating
refrigerator cars for the carriage of freis at
on the lines operated by the defendant rail-
road companies named herein, and of other
railroad companies throughout the United
States, that it has acquired and has the
ownership and control of about $40 such re-
frigerator cars; that as each of the said de-
PENDANTS well knows, said defendant Mil
waukee Refrigerator Transit Company was
conceived and organized, and it's business
has been, and is being, operated and carried
on as a device for the purpose and with the
intent of eXacting, soliciting and receiving
from the said defendant railroad companies
by way of rebates, concessions and dis
ordinations a large proportion of the
moneys received by the said defendant rail-
road companies for the transportation Of
freight IN such cars between parts of the
United States and in commerce with for
efgn countries, and for the purpose and
with the intent thereby to evade and violate
the acts of Congress hereinafter specified" !"
Charges in Complaint.
The complaint further charges that large
sums of money under the name and guise
of commissions to wit, from 10 to 121a
per cent of all the moneys paid the said
defendant railroad companies freight
rates for transporting freight in said cars
between competitive points in Interstate
and foreign commerce, is aid to said de-
fendant company.
The complaint AYERS that upon organiza-
ton of the Milwaukee Refrigerator Transit
Company, Gustav G. Pabst and Frederick
Pabst, as the executive and controlling Of
ficers of the Pabst Brewing Company, made
a written contract, with themselves as the
executive and controlling officers of the
Milwaukee Refrigerator Transit Company,
whereby said Pabst Brewing Company
bound itself for term of years. which has
not expired, to give to the Milwaukee Re-
frigerator Company exclusive control of the
shipment of all the products and all the
freight of the Pabst Brewing Company
The complaint also alleges that "all the
rebates, concessions and discriminat tions
herein charged have been and are being ex-
acted from the above railroad companies
by force, on threats of the said Pabst and
said Milwaukee Refrigerator Transit Com
pany to divert the said traffic from said
companys lines. unless said rebates and
concessions are granted.
The complaint prays the court to order
fl.<1 tff,,,,
lations and practices are unlawful
The court is asked to issue subpoenas in
chancery to he different companies and an
effort will be made to induce Judge Sea
man to take up the matter summarliy, or
dering an appearance and answer to be
filed within twenty days. In the event that
this is done testimony will be started early
next month.