Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-10
IMMUNITY PLEAS NOT GOOD
Railways and Shippers Indicted at Kansas
City Must Stand Trial.
GOVERNMENTS DEMURRER IS SUSTAINED
Case Affects Alton and Milwaukee
Railways, Several Packing Conn
panIes and Number of
Individuals.

KANSAS CITY. April 9-Judge Smith
Mcpherson in the federal court here today
sustained United States District Attorney
A S. NanValkenburgh in his demurrer 10
the Immunity pleas filed by the Chicago &
Alton railway as corporation and of j. \.
Faithorn and +. A. Wann, eN-offlcials of
the road, individuals; Of George III.
Crosby, general freight and trafhc manager
of the Chicago, Burlington & Quincy rail
way, and Of George L. Thomas and l. B.
/ Taggart. freight brokers, all those seeking
immunity having been indicted by the fed
eral grand jury several months ago on the
charge of illegally giving or receiving rail
road rebates. Judge Mcpherson set the
case for May % for trial
Before rendering his decision Judge Nc
Pherson had received a report OF the de-
cision Of Judge X. NJ. Lands in the fed
eral court in Chicago today, who sus-
tained the governments demurrer to a plea
Of immunity in a similar proceeding. ana
Judge Mcpherson allowed the decision Of
Judge Lands to guide him in his decision.
Pleas of Defendants.
Various motions, pleas and orders grows
! ing out of the Indictment last December OF
five local packing. houses, three railroads
l and a number Of individuals charged with
giving or conspiring to secure rebates in
violation of the EllIins anti-rebate law,
were argued here today in the United States
| district court.
! The packing companies and the Chicago,
| Milwaukee & St. Paul railway soon after
the indictments were returned filed general
denials. The Burlington and several Off
cials Of that railway who were indicted
filed motions TO quash. The Chicago g. Al
ton and the officers connected with the
traffic department Of that company under
| indictment filed immunity pleas.
| The plea of the Alton and its officers is
| based upon the recent decision of Judge
Humphrey i'm Chicago in the beef cases,
wherein 1t was held that members Of the
corporations whd had furnished informa-
ton on which the indictments were re-
turned were immune. but that the corpora
tions were not The Alton makes the claim
that it was compelled to produce its books
papers and other documentary data for the
inspection of the federal grand jury IN
Chicago, and that this information was
presented to the Kansas City grand jury
before which the local agents of the road
were summoned.
The defendants were represented today
by great array of legal talent.
Government Files Demurrer.
a. S. Van 'Valkenburgh, United States
district attorney, submitted without argu
ment the demurrer of the government tC
the immunity pleas filed by the Chicago &
Alton as a corporation, of j. n. Faitiirrr
and f. A. Wann, ex-officials of the road, IA
individuals. The government quotes th'
case of Hale against Henkel. known as tn,
Tobacco trust case, in support of its de
murrer and denies that the Chicago 8
Alton and the two former officials arc en-
titled to immunity because some OF thu
officers or employees have been required t
give information or produce books anC
papers of the corporation.
George H. Crosby general freight trafh
, manager of the Burlington, Hnd\ George l.
! Thomas and L. b. Taggart freight brokers
4 legged that they entered into an agreemen
whereby Crosby paid commissions 4
Thomas and Taggart in return for thei
g influence in obtaining business for the, Bur
lington and that afterward Thomas an
Taggart divided the commissions with Kan
sas City shippers.
Counsel for the three men moved t
, quash the indictments They contende
that the documents were drawn under sec
ton $40, revised statutes of the Unite
=. states. which defines crimes against tn
= operations of government, and that no evi
: dence had been presented to show that tn
: defendants had committed any offens
: against the government
= The court will render decisions in a
| those cases later