Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-05-25
burlington ROAD
MUST STAND TRIAL
FEDERAL JUDGE ovERRuLEs
DEMURRER OF INDICTMENTS
AGAINST COMPANY.
CHARGED WITH GIVING
FAvoRs TO PACKERS
Government Announces It's Readiness
for Trial In Rebate Cases-Ex-
Officials of Railway and Others
Indicted on Conspiracy Charge.

NHCx uOA6OuS VI AoWoS cASeAA5 ~
place OF Judge John F. Phillips. Tues
day overruled the demurrer of the Bur-
lington railway indictments against
that company, and it must now 80 to
trial. The defendant, In demurrer
filed several weeks ago, contended that
congress was without power to enact
legislation regulating export rates. In
the giving of alleged rebates on which
the Burlington was charged with bav-
ing violated the interstate commerce.
act.
Ruling Of Judge.
The case against the Burlington.
in which a demurrer was overruled
Tuesday, is distinct from that against
Ats former assistant freight trafilc man
ager, George II. Crosby. The Burling-
ton is charged with granting conees-
sions to Kansas City packers on prod
ucts for export through the port of
New York. The date of trial In the
Burlington case has not yet been set.
Judge MCPHERSON said, in denying
the demurrer: 1.-The import case (162
U. S. 1879 was not of or concerning the
ocean rates from New Orleans to San
Francisco by rail, and applying the
holding OF that case to the one at bar,
why should the statute not cover ex-
ports from Kansas City to New York
city, even though the purpose is evil
denced by contract by single and
true bill Of lading. and the purpose is
IN ut r1o ho IN a N
ocean vessel destined to European
country"
He continued: ut is apparent to
many, and the commission SO recoe-
nizes, that by many it is believed that
to bring all export shipments under
this statute will work injury to the
Pacific coast, and to the south mi ex-
ports of cotton, and that the same is
true as to the grain growing and cattle
raising industry of the west. If 1t be
said that the right of contract there
for be denied, the answer is that no
one provision OF tho constitution must
be subordinated to another and full
force and effect can be given to both
by enforcing the statute on shipments
to New York and then transferring the
merchandise to the vessels, when. OF
course, 1t passes from under the stat
ute. And 1t seems to me that when.
this is done 1t can be under estab-
lished rate, proclaimed by published
and posted tariff rate"
Government Ready in Rebate Cases.
The government Tuesday in the
United States district court here an
nounced that It was ready for trial IN
three OF the rebate cases. The cases
called were those Of George L. Thorn
as, freight broker OF New York city,
and his chief clerk, L. B. Taggart, ua-
der indictment for alleged conspiracy
in securing rebates for shippers. and
that against George II. Crosby, for.
mer assistant freight trafnc manage,
of the Burlington railway, charged
with conspiracy in giving rebates.
These men were indicted in Decsm.
Der last with other railway and pack
ing house officials whose trials have
been set for later date. H. B. Dun
can, a special agent Of the department
of justice, arrived here Monday to a.
sist in prosecuting the cases, and vii
aid A. s. Vanvalkenburgh, Unitet
States district attorney, and Lesli,
Lyons, assistant district attorney
The government has 40 witnesses
among whom is ]. A. Roberts, an sx
pert on rates In the employ OF the In
terstate commerce commission.