The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-01-10
WAS INDICTED FOR
ILLEGAL REBATE
w. I'll. Boslcy, as President %
Railroad Gave Rebate 10
Lumber Company
lspeeIaI % rbc 1.Imes pIspatch.l

Especial to The Times pispatchj
ALEXANDRIA, Va. january e.--ln Tho
United States Court here to-day Judge
WaddIll presiding. an Indictment was
returned against william II Bosle5.
president OF the Suffolk and coroilut
Railway Company charging him with
granting an unlawful rebate to the Cav
Manufacturing Company for tile trnnt-
rortation OF large quantity OF lumber
from Center I'm. y. G., 10 Suffolk. Va.
IN October. 1901 similar indictment
WAS returned against the suroik Carolina
Company and the GAY misunderstanding
Company WAX also indicted for violating
the Interstate commerce in the matter.
Ii was charged that Bosley, ms pres
ident of tile SUFFOLK and Carolina Com
pany. Ind made deal with the Cay
Manufacturing Company. whereby re-
dCction on the schedule rate OF 30 cents
per thousand feet was allowed for tho
transportation of 1857 feet OF lumber.
The rate charged. ii was alleged was
so or 50 cents below the rate published
and certified to the Interstate Commerce
Commission. The indictments were Volt
minous Upon motion of District Attor-
ii'g LEWIS Vi,NAtoc'N WIZ lheutM HEfiifHI
tho two CORPORATIONS.
President OF Both.
In view OF the present prominence Of
the rebate question and of the proposed
governmental regulations of railroads. the
charge against the Suffolil and Carolina
oiDpany promises to attract particular
attclIor, entirely apart from the rather
sensational case itself.
From the best Information obtainable,
II arpeals that at tho time the rebate
Is said 10 have been granted. Mr.. Bosley.
was president of the raIload and Of tho
Gay Manufacturing Company. as well.
u is further alleged that other officers
of the road. directors. and stockholders.
We're Interested in the lumber concern.
When the rebate was granted George H.
Barton, the general manager Of tile
,allwa$. who owned no stock or other
interest in the Gay Company entered a
protest which was disregarde,. bv RosIey
and the others. Barton then severed his
eonection with the company and informed
the Interstate Commerce Commission AZ
Washington of the rebate proceeding
The commission turned the Inntter over
70 the United states district attorney at
Richmond and an investigation was he
Sun, resulting IN the indictment today.
Only Fine.
The alleged offense can be punished
only with a fine. 1t is not generally
known by the public that the Elkins law
abolished the Imprisonment feature bur
this IN true, II section Of the act reading
In part In this way: In all convictions
occurring AFTER the passage OF this act
for offences under said acts to regula:c
commerce whether committed before or
after the passage of this act, or for of
fences under this section no penalty
shall be imposed on the convicted party
other than the fine prescribed by law
imprisonment whenever now prescribed
as part of the penalty being hereby
abolished" THIS expressly ties the hands
of the prosecutors.
No imprisonment
The corporations pay the fines readily
enough, and the officers who might in
some cases have been liable to imprison-
ment are now immune. There Is only
one known instance in which the in-,
prisonment' feature CAN still be applied
and that Is in the case Of n Conspiracy.
In the matter of the Suffolk road. Bos-
we'll was the head of both companies.
ana the contention OF a conspiracy lapses
here since the president could not CON
spire with himself to give the lumber
corcern rebate.
The Suffolk and Carolina is a stand
ard guage road 1t is n miles long AMI
runs from Suffolk, Va, TO Chawon coul,-
ty. n. G.
y