New-York tribune., 1906-12-09
WHERE GOVERNMENT WON.
These proceedings were as follows:

government has prevailed
WHERE GOVERNMENT WON.
These proceedings were follows:
% combination between two competing inter-
state railways, whereby a majority of the stock Of
each was taken over by holding company in ex-
valuation with the purpose and effect that the two
and h be%ee b
should be suppressed, was held to be unlawful and
Northern Securities Company agt United States ''''
C9 a combination between various individuals and
corporations engaged IN the business of purcha sing
livestock. converting it into fresh meat, and selling
petition both in the purchase of livestock and in
sale OF meat suppressed. declared unlaw-
Of swift CO. ct al ast United states 'il' case
CD A coInbination between manufacturers Of
between Chicago and the Rocky Mountains where
petition suppressed was declared to be unlawful
and enjolned by the Circuit Court OF the sth CIR
cult in The case OF United States agt. General
CD A combination between the retail grocers OF
Alaska fixing prices and suppressing competition
was declared unlawful and enjoined by the United
case of United States agt. Nome Retail Grocers
CC A combination of persons and corporations
engaged in manufacturing and selling elevators IN
joined by the United States Circuit Court for the
Northern District Of california ,aev IN Iae case OF
co. A combination Of manufacturers and dealers
&c commodity in the states west Of the Rocky Noun;
tains was suppressed was declared it5 sta
for the Northern District of California in the case
of the United States agt the Federal sal' Ooi'-
Is Upon an indictment against the Federal d Salt
the company was found guilty ana sentenced TO
pay fine of $1,000
UNDER ACT TO REGULATE COMMERCE.
In this eonnsG9n s is bpen 3aRen 10 by ts
partment against railroad dlscrinna ioa ,toS -
have been efficient cause in building ey up have awe
nd
lions at the expense of the areadE tranrth has
come increased power to compel from inc car The
discriminatory practices 5miS,eGt III is "a give fair
profit upon the commodity transporteSG Sor o'y viii in
- oI,d he driven out of business In the Garner
history of railroad transportation the ar6 not
nrobibed hy any federal statute II vas Wnat GG
gaTed ,o 5 one me S6PfGS eon@oD D' law ave cRerished
do not intend 70 say that the discr1Inlnatbt 1 tbat
@ a not EXPRESSLY prohibited by statute Inc
Interstate Commerce law OF Iee. @ MtS arriers were
- ttsor, that all pat irons OF common carriers
r3ttled 70 equality of treatment BY TINS aCn CON- @
mon carriers Were o Of persons or property
5iffarent sum from that charged anoIler IoI Si Ia
anv rebate or other device whereby such resuit
was brought about was declared G,l Fr carrier
y, are any person any other sum for the trans
poT'a1'2%T p ne "a bIjsbed tariff and the conduct of any
tiIrar 30 1h6 fraJdulenty obtained rate less tnan
En- PTea,ar rate n force. by bribery or soclta-
% tfnryyise induced the common carrier 70 give
The unlawful acts Of the shipper or carrier or {e i
agents OF either thus described were mace IN
Bari9g the nearly twenty years which have have
eapsed since the passage Of this act mere 'te ,t
yensties but either through the insu1ciency OF the
isv or for other reasons they nave h'L pn ~ "a,
Closes that there were in those Years ne
indictments. upon which the goNor.Lalv N9o sen n
fences of imprisonment weIg executed. ah1 "a @ elT
t3Isi & b te nepaIies distributed over many years
were as deterrents from the commlss'oh oi PH'
hbited offences. negligible iac'or-
UNDER THE ELKINs LAW.
But IN 1908 the socaled ELins law was passed. 5 tS
government in dealing with discrtminatory pTac-
ices Of railroads It. made it gaWTu5 WI fGT ag
Whereby PROPERTY by any device should be trans
ported at less than the published rate. 1t also
cc4TFe~red rpon the government right to apply
to the court to compel the observance or pupsHe9
course all the Indictments under this act have been
during the present administration Tor u was HoI !"
It had been claimed, after the passage Of the
crDinations had practically ceased. The Interstate
Commerce Commission in 1903, in their annual re-
lsi5 was @ No 4ysFr 1ver befoT had tariffs been
as well observed as at that time IN the test-
mony before the Senate committee considering the
yE Tqe Hesitation during II the ts spTlag Iagroads ans
expressed the opinion that rebates had ,stoppea
but evidence coming 70 the Department OF justice
justified the belief that the carriers were, CON
7
and tlat BY othe- devices which were IN effect
rebates the law WIS violated 10 very considerable
i seemed. therefore desirable that an earnest
1Sg6 f9 a0f In G ooober @ When The
situation was first fully realized. all the evidence
proper United States attorney, and by a circular
letter all nlted states attorneys were ms
which came We're brought TO their attention. AS
feTPed ~ - ISe & ~ are @ PSdssibs tent T1
beeU OF
with this result: Eighteen convictions, three dis
denUrreT 70 indictment sustained. Upon these in
dictments thirteen corporations and seventeen IN
cases sentence has not yet been imposed. The IN
diylduals nave been sentenced TO tines ranging from
fined in sums ranging from $1,000 20 sl08Ooo each.
ter witch has not as Yet Become Practically oper
one Of the indictments was an i9dctment for a
conspiracy to obtain rebates. and upon that two
and three months impris onment and one 10 a
fine OF $1,000 and six months Imprisonment. The
dictInenjs has been s4I6l25 They have been BE-
a ialr proportion OF the pending indictments result
m conviction and penalties Of equal magnitude and
to punish ali those agains 81 whom evidenee can be
obtained. the effect will DO salutary in the ex-
treme.
DECISIONS IN REBATE CASES.
IN the course Of the recent litigation upon the
dons Of po sS re9asfSd TRS s6D% %9
t4at howsyer ne tTalsactlons may be disguised.
Mbited and punished by the court. One of these
Hartford RAILROAD Com3aRy S fe he I6ersfatS aaysh &
Commerce Commission, which was decided by
The Chesapeake & Ohio Railway Company entered
n e an 4gTeeiaent 10 seI large quantity Of coal
Haven Railroad delivered at points in New Eng
coal at the mines the ocean cariage and the 81 rates I
road de caied & PpSfd te by 'e seller The rail-
Isnt 10 interfere ~iih IT'S transactions as dealer