Omaha daily bee., 1906-06-08
Agreed Statement of Facts is Presented to
the Jury,
ARE MADE WITH RAILROAD
Company Advances Published Rate from 70
Cents to 35 Gents.
SHIPMENT CARRIED At OLD RATE
Packers Claim Their Action is Reg
uIsr and LeEitimate-ArEu"
ment VIII BE Completed
To-day,

KANSAS CITY, Mo, June 7.-Arguments
in the cases of the Armour. Swift Cudahy
and Nelson Morris Packing companies on
,harges OF accepting rebates from the Bur
lngton railway on export shipments had
NOT been Concluded when court adjourned
this afternoon.
The Burlington had signed contract
with the packers giving them rate Of q
,ents per 90 pounds, Mississippi river to
New York During the life of the con-
tract the railway raised it's tarin TO 70
cea;S Counsel for the defendants In their
stEuments today took the ground that
when their contract with the railway was
signed az the 23-cent rate II was legal ana
that the railway was bound to carry II out.
Il was necessary to protect their business,
il was contended, by making contracts Of
this nature and the packers were not re-
sponslble for the fact that the railway.
after agreeing to ship its products at one
rate, which at the time was legitimate,
had later raised its tariff.
A. s. Van Valkenburgh will tomorrow
morning begin his argument for the gov
ernment The case probably will be given
to the jury by noon tomorrow.
During the day the case against the
Chicago & Alton and J. N. Faithorn and
charged with paying rebates on packing
house products. which had previously been
set for trial this month, was continued
until next fall.
Cases Are Consolidated.
on Tuesday last District Attorney Van
valkenburgh and the counsel represent
ing the defendants agreed TO consolidate
the four cases for trial purposes, the is
sues ln each case being practically the
same. Judge Mcpherson gave both sides
until this morning to prepare an agreed
statement of facts. Both the govern
ment and the defendants were ready this
morning with the statement.
Before court convened A. g. Van Valken-
burgh said: The statement will be read
10 the Jury and the court Will then in
struct 1t as to the law in the cases. The
usual arguments will then DE made and
the case submitted for a verdict No wit
nesses will be examined The cases prob
Ebfy-vBI 30 TO the jury during the day
The jury was secured without delay and
. the statement of facts read. The argu-
ments were then begun.
Agreed Statement of Facts.
The statement read TO the jury was that
OF the United States versus the Cudahy
PsckinE company, and is Identical with
tho statement In the cases Of each Of the
other three defendants
The statement in opening says:
The parties hereto soieiy FOR the Pur-
pose OF a trial in this and any appellate
court 10 which the case may go, and for
no other purpose. agree to the facts here
matter set forth, the defendants waving
any right to be confronted with witnesses
produced TO establish any sucn facts.
The statement recites that the Burling
ton railway had at the time that the alleged
offense was committed entered into traf
nc arrangement with the Kansas City Bel
Railway company. the Toledo. st. Louis
Western, the Grand Trunk Western rail
road, the Reading Dispatch and th'
Lchigh Valley railroad for shipments from
Kansas City to New York.
1t is set forth that the Burlington com
pany entered into contract with the pack
ing company by which It agreed to carry
packing house products from the Missis
sippi river to New York at 3 cents pei
hundred pounds. until December 81 1906
but that upon August 8, 1906. the Burling
ton and its connecting railroads fileC
with the Interstate Commerce commission
an amendment TO their tariffs making
rate upon said shipments of 80 cents pei
hundred pounds.
Upon September 10, 1895. il is stated, th'
Burlington accepted from the packing com
pany FOR shipment from Kansas City t,
New York and thence by the Hamburg
American line to Germany a consignment
OF lard FOR a rate named therein, whicl
included the charge or rate Of the steam
ship line"
Alton Case Continued.
In the United States district court her
this afternoon by agreement OF counse
the case against the Chicago Altol
Railroad company and J. n. Faithorn, 1t
former vice president. and F. A Wann, It
former assistant trsfhc manager. charges
with paying rebates on packing house pro
ducts. was continued over this term o
court The case cannot now come up be
fore November next. The continuance wa
agreed to because OF a case with Eimils
issues is soon 10 be tried In Chicago.
gEnnNAn