The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-16
RAILROAD NEWS.
Many Lines Thought to Have
Broken Anti Trust Law.
Evidence Shows Combination to
Make Freight Rates.
MAY BE INDICTED.
Commerce Commission Attorney
Advises Immediate Action.
Gossip and Matters of Interest
in Railroad Circles.

Chicago. May 16.-As a result of the
testimony heard by the interstate COM
merce commission in the course of the
Investigation of the Standard Oil COM
pany and its relations with railroads,
sixty-three railroads, members of the
Central Freight Traffic association, may
be hailed before the federal authorities
for violations of the Sherman antitrust
law. Although the members of the COM
mission have not officially signifed
their intentions of asking the federal
authorities to take such drastic action,
Attorney General MOnnett and j. 7.
Marchand, special counsel for the com
mission who conducted the examina-
ton of witnesses here, have expressed
themselves as satisfied that the evidence
showed that the railroads connected
with the Central Freight Traffic asSocl-
alton have been disobeying the law by
meeting and combining to make rates
Before leaving Chicago Mr. Monnett or
dered a special copy of the testimony of
Joseph F. Tucker of the association
sent him in order to submit a detailed
report to the commissioners.
Il want to look the evidence up again
before I prepare my report" said Mr..
Monnett but from my notes and my
recollection of the evidence the testi-
mony of Tucker, supported by other
facts brought out by the investigation,
shows conclusively that these railroads
have laid themselves open under the
Sherman act If the commissioners
think that my conclusions are correct
and supported by the evidence the
course would be to notify District At
torney Morrison of the infraction of the
law as shown to US and have him pro
coed against the companies. can not
say that such action will be taken, but
my recommendation certainly viii be
that it be taken at once"
The assertions of Attorney Monnett
are based upon the testimony of Joseph
F. Tucker, manager of the traffic as
ISOLATION, regarding the fixing of the
rates published by him. Mr.. Tucker
under close examination by Attorney
Marchand and Commissioner Prouty
refused to admit that the roads had
agreed on one rate but persisted that
individual action was taken and that
he merely published the consensus Of
opinion.
He was first questioned regarding the
procedure by the railroads to determine
the rates he published. He said that all
the officials of roads belonging to the
association discussed. conditions and
that rates were then decided
so after the roads have met and
talked it over they decide what the
rate is to be2' asked Commissioner
Prouty.
Mr.. Tucker hastened to answer the
question In the negative and to assert
that the action taken was individual.
Il simply express the ideas Of the
railroad men. I take the lowest rate
decided upon by the different roads and
publish it," said Mr.. Tucker. If a
road doesn't wish to conform to that
rate it doesn't have to-"
But that proposition is merely the
oretical, isn't it?@ asked Commissioner
Clements.
mot at ALL replied Tucker.
II wish you would find and file with
this commission a single instance where
a member of your association has fail
ed to comply with the rate published by
you when it was decided upon at the
meeting. DO you think you can do ft?''
asked Commissioner Prouty-
Il am sure can" replied Tucker
well. do it, said the commissioner
1T will be a novelty. I think"
Attorney Monnett after the witness
had been excused and the railroad men
examined was firm in his conclusions
that the evidence is strong enough to
support action against the railroads.
He asserted that the fact of the meet
ings would not be denied, but that If
any action was taken by the federal au-
thorities the roads would take the stand
that they all acted individually" at
the meeting.
THAT would be the catch point in
any. proceeding explained the attorney.
land the commissioners may be loath
to recommend any action without
stronger evidence. We will go into the
matter more fully at the Cleveland
hearing and the testimony of Mr.. Tuck
er will be preserved. If / am not mis-
taken we will have a lot more evidence
of this kind and even if it is not thought
wise to proceed at once something else
NAV devotion within q few weeks