The Providence news. (Providence [R.I.]) 1891-1906, 1905-11-13
ALLEGED REBATE GIVING
Western Roads Said 10 Have Favored Ph-
Wts Refrigerator Car Company.

Washington. Nov 13-By direction OF
Attorney General Moody. a petition will
be filed by the government today I'm the
circuit court OF the United States for the
eastern district OF Wisconsin at Mil
waukee against several common carriers,
the purpose of the petition being 10 test
the provision OF the Elkins anti-rebate
law compelling common carriers TO pub
lish their freight rates and adhere to
them.
The attorney general made the follow
ing explanatory statement yesterday
This petition is against the Milwaukee
Refrigerator Transit company, Pere Mar
quette Railway company. Missouri. Kan
sas and Texas Railroad company Erie
Railroad company. the Chicago, Rock
Island and Pacific Railroad company. st.
Louis and San Francisco Railroad COM
pany. the Wisconsin Central Railroad
company. the Chicago and Alton Railroad
company and the Pabst Brewing COM
pany.
This case arises out OF the following
statement OF facts, which have been in
vestigated by the interstate commerce
commission, and also by private inter-
ests adversely affected, and by that body
brought TO the attention OF the attorney
general and by him carefully considered
Conferences have been held between
the attorney general and District At
torney Butterfield OF the eastern district
OF Wisconsin. in Chicago and Washington;
and on Friday last, at It conference be-
tween the attorney general, the assist
ant 10 the attorney general, Mr.. Purdy.
Special Assistant Attorney General Pagin.
the District Attorney and Special Counsel
Charles Quarles OF the Milwaukee bar.
the form OF the petition was determined
upon.
1T appears that the Pabst Brewing
company is a large shipper OF beer over
the various railroads running from MIL
waukee. Some OF the principal stock
holders OF that corporation organized ana
own the Milwaukee Refrigerator Transit
company, a corporation operating private
cars To the latter corporation the CON
troll OF the shipments Of the Pabst Brew
Ing 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 the commodities
have paid TO the transit company In
whose prIvate cars the beer was trans
ported. n commission OF about II per cent
upon the amount Of the freight money
collected, with the effect, OF course. that
the net amount received for transporta-
less than the published and open rate.
This petition is designed to test the
legality OF such payments and is brought
under the provision OF the so-called Elkins
law. which provides that n failure strict
ly 10 observe the published rates shall be
a rnisdemeanor; and 1t further provides
that It shall be unlawful for any person,
persons or corporations, to oner, grant
or give. or TO solicit. accept or receive
any rebate. concession or discrimination
in the transportation of any property In
Interstate or foreign commerce
whereby any such property shall by any
device whatever be transported ut less
rate than that named IN the tariffs pub
lished and filed by the carrier
The case is regarded OF great general
,r,nortance by the attorney general and
will be pressed TO as speedy hearing as
inst reward for the interests OF the de-
PENDANTS will permit.
with District Attorney -Rutterhald- -Mr-
Charles NJ Quarles of the Milwaukee
bar. has been associated.