The Birmingham age-herald., 1905-11-13
MADE ID STOP TIE REBATES pabst Brewing Company Was
 in, Beneficiary OWNEDREF EFRlGERATOR CARS And the Railroads Paid the Company Commission of About 12 Per
 Cent of Amount of Freight
 Money Collected.
OWNED REFRlGERATOR CARS

Washington November 12.-Attorney with regard to the petition which will be filed by his direction tomorrow in the dis trict court of the United States for the eastern district of Wisconsin, brought un- der the Ell1ins law to test the legality of certain commissions paid by railroads (after the receipt of the published rates) to private car transit company controll- ed by the stockholders of the corporation shipping freight in these cars over the railroad lines. The statement follows
 The petition is against the Milwaukee Refrigerator Transit company. Marquette Railroad company, Missouri, Kansas and Texas Railroad company, Erie company. the Chicago, Rock Island and Pacific Rail road company, St. Louis and San Fran cisco Railroad company, the Wisconsin Central Railroad company, the Chicago and Alton Railroad company, and Pabst Brewing company.
 This case arises from the following state of facts which have been inyesti- gated by the interstate commerce com mission, and also by private interests
 
 tion of the attorney general and by him carefully considered:
 "Conferences have been held between the attorney general and District Attorney Butterfield of the eastern district of Wis consin at Chicago and Washington, and on Friday last at a conference between the attorney general, the assistant to the attorney general, MT. Purdy, Special As- sstant District Attorney Pagin, the dis trict attorney and Special Counsel Quarels of the Milwaukee bar, the form of the petition was determined upon.
 Tt appears that the Pabst Brewing company are large shippers of beer over the various railroads running from Mill waukee. Some of the principal stock holders of that corporation organized and own the Milwaukee Refrigerator Transit company, a corporation operating private cars. To the latter corporation the con trol 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 commodities, have paid to the transit company in whose pri- vate cars the beer was transported com l mission of about F 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 companies Is so much less than | the published and open rate
 | This petition is designed to test the | legality of such payments, and is brought under the provisions of the so-called | EllSins law which provides that a failure strictly to observe the published rates shall be a misdemeanor. and further pro- | vdes that it shall be unlawful for any | person, persons, or corporations to offer, grant or give, or to solicit, accept or re- ceive any rebate, concession or discrimi- nation in respect to the transportation of | any property In interstate or foreign com merce. whereby any such property shall, | by any device whatsoever, be transport ed at a less rate than that named in the tariffs published and filed by the carrier "The case Is regarded as of great im- portance blythe attorney general and will l be pressed to as speedy a hearing as | just regard for the interests of the defend- ants will permit. With District Attorney Butterfield, MT. Charles Quarels of the Milwaukee bar has been associated"