The Minneapolis journal., 1906-10-19
Roads Can't Be Held for
Rebates. Antedating
Amendment. -.
List Of Witnesses Is Par
TALLY Developed Thru
Unofficial Sources.

Something new in the way OF an I'M
munity bath is to be sprung at the red
eral investigation into railroad rebates
which will begin Monday in Minneapo-
lis, in case any indictments are re-
turned by the special grand jury.
Attorneys will call attention of the
court to the alleged fact that their
clients are immune from prosecution
under the provisions of the new rail-
Altho the Elkins law was not re-
pealed, provision of the new law pre-
vents prosecution for an, otfense com- 99
mitted previous to the date OF the
passage of the new bill. The attorneys
will therefore say that the prosecution
falls to the ground, because action has
been brought under the new law, which
expressly cuts off prosecution OF IN
fractions of the antirebate provisions
of the old law.
On the other hand, it is said. that
the government attorneys are fully
which will be put up, but that, on ad-
vice Of Attorney General Moody they
will proceed with. the investigation,
Owing to the fact that the plan has
been divulged to the government, the
move will be shorn of its surprise fea-
ture, as the government will be pre-
pared with briefs applying to the point
About 100 subpenas have been
served en- local railroad officials and
employees. About half Of the persons
summoned are in danger Of Indictment,
the remainder are simply witnesses.
The papers were served by deputy
United States marshals from the north
ernl part Of the state, who were com
paratively unacquainted' in -Minneapo-,
lis, and able to do their work without
exciting comment. =
Witnesses Profess Ignorance. +
Subpenaed railroad and business men
profess that they don It know anything
about what is. going on. Joseph Gas
kell, secretary and assistant treasurer
of the Minneapolis & st. Louis road,
one Of the first to receive a subpoena,
says he doesn't know. anything about
rebates. He opened his eyes with won
der when asked why he could possibly
have been called before the federal
court. ..:.s:.zs> ~.- - =.
Another st. Louis road man who re-
ceived bit of paper from the hands
of the woman deputy of the United
States marshal was S. W.. Patton, a
voucher clerk in the auditor 8 depart
ment. He was equally surprised at the
summons. George T. Huey, assistant
general freight agent Of the Wisconsin
Central, who was said to have received
one of the federal billets doux, denied
that he had been served and said he
didn't know thing about rebates, or
what was going on. - ~,
Gustave F. Eve, vicepresident Of
the Atlas Elevator company, is said to
be one Of the favored ones, but the
paper has not been served as yet. E.
B. Obder, general freight agent ofrthe
Omaha road at St. Paul, until recently
assistant general freight agent in Min
neapolis, has been called. Samuel Stick.
ney, general manager of the Great
Western road, has been asked to come
over from the general Offices at St.
Paul, and L. E. Draper, who, is auditor
the Great Northern road at Third and
Broadway, will don his overcoat early
next week and leave for Minneapolis to
listen to the inquiries Of the grand
jury. -, 49,
The federal attorneys are peggine
along in a quiet way and point tt
massive bundles of papers with sig
nincant smile to indicate in mute
way that they know what they are
doing.
AT the time of the Wisconsin Centra
Indictment two years ago in Minneapo
lis .U-G. Sdillo dGGlGuuS
taken by the government officials anc
the same dense ignorance of what they
were wanted for permeated the groups
Of summoned witnesses. The Wiscon
sin Central case fell by the board, be
cause the apparently strong evidence
of rebates proved to have no founda
tion and was easily explained away
Some of the railroad men and shipper
intimate that the new investigation
will he inst as 1orch of cOmedy
Attorney John T. Marchand will no
have charge Of the government inves
tigation this time. 1t has been in
trusted to H. B. Duncan. assistant at
torney general from Washington. Unit
he arrives. Paul Ewert, assistan
United States district attorney, is push
ing preparations for the prosecution.