Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-06-23
kSpFgs L, Thomas Must Pay $4,000 and
Spend -Four Months Prison.
CASES FIRST OF KIND ON RECORD
Counsel for Railroad Asks Equal Punish
msnt for All Involved.
EXTENDED STATEMENT BY THE COURT
Judge McPhersOn says All Firms that
Accepted Rebates Through
Thomas should BE
Prosecuted.

KANSAS CITY, June Pin the United
States district court this morning Judge
Smith Mcpherson Of Red Oak, Ia, passed
sentence upon the seven defendants re-
Gently convicted in this court Of making
concessions and accepting and conspiring
to accept rebates on shipments. Judgments
in the nature Of fines were assessed as
follows:
Swift and company, $1,000; Cudahy Pack
ing company $1,000; the Armour Packing
company, S5,OqO, Nelson Morris & Co., 49,
900; Chicago. Burlington & Quincy Rail-
road company, $4,000
George l.. Thomas Of New York was fined
5000 and sentenced TO four months in the
penitcntinry. l.. b. Taggsrt Of New York
was fined $1,000 and sentenced to three
months In the penitentlary.
John c. COwin Talks.
The fine OF $4,000 assessed against the
Burlington covered all four counts, the
aggregate amount Of the fines in the seven
cases totalIinE $4,000.
Appeals we're hled in each case and
stay execution was granted until June
% until they could he perfected The
bonds IN the case of Thomas and Taggart
verS fixed at 5000 each. These two men
appeared in court personally and upon
being sentenced promptly furnished the
required bonds The bonds in the case Of
the packing companies and the Burling-
ton were fixed at $4,000 each.
Before sentence was passed in the
various cases motions for new trials were
made by John c. Gown 1t Omaha and
Frank Hagerman OF Kansas City, for the
packers. and by Judge o. NJ. Spencer of
St. Joseph behalf OF the Burlington
- railroad, and Thomas and Taggart All
Rese motions were overrued.
statement by Spencer.
Judge o. NJ. Spencer, general counsellor
Of the Burlington railwa:, and one Of
the counsel for Thomas and Taggsrt, before
sentence was passed upon the defendants
made a presentation Of tie cases to the
court in the course Of which he said:
An anxiety I may feel lest too severe
PENDANTS does not grow out OF any facts
in evidence in the case. but rests on consd-
era lions entirely outside the record.
There is now disturbed. condition OF the
public mind IN general, and while Speaker
1anp0h, IN ms recent article, assures us
As now. he might we'll have added with
equal truth that the country never desired
as II does just now For two weeks we
have been trying cases in this honorable
court the magnitude and Importance OF
which would be common but for the worked
up condition OF the public mind by reports
rate bill ths meat inspection bin and diver,
and other subjects, including CRAFTS, trusts
and oil combines
Mnst Punish All Alike.
The announcement is sent abroad by
the Department OF Justice at Washington
that unless someone is sent to the peniten.
tlary this rebate practice will not stop.
II the conspiracy statute applies 10 any
one form OF rebates and concessions 1t like
A wise applies to all forms OF rebates ant
~ co lccSsions. and the courts cannot be used
to punish one wTongdoer in one way anC
another in different way for the sam'
There have been three trials in this cour
this term in which the defendants have
been convicted Of giving and receiving con
cessions and rebates. Are you going TO mt
some and imprison others?
President Roosevelt and his special coun
sci split on the qucs On of how the prose
cuton should be framed and against whom
Can the district attorney Justify his de
mand for greater punishment in the T'homa
and Tsggart case than he Is asking in tn
packers and in the Burlington cases? I
so, en- what grounds? Is it on the groun'
crimes? No. Both were refunds on freigh
or concessions, and your honor has wei
tinction,
The crime is the same in substance, bu
the form OF the indictment and the name o
the crime is different in the one lnstanc
than In the other.
PENDANTS while allowing the real offender
\ 20 escape. The escape OF one criminal
; no defense for the other but is II not
y mockery on justice for this great nations
government to sit by and call one after an
other of these rich merchants and allo,
prosecution BY telling how their own aEen
at their solicitation obtained money froI
the railroads. All this. too. by the conser
and on the terms named by the govern
ment.. There is but one case I'm an IN
books which equals Il In the miscarriage {
justice and that Is .the old case In Masss
ehusetts where the negro man and whit
woman were tried for cohabiting, and n
negro was convicted, while the whit
woman was acquitted by the same eoui
Judge states Case.
Judge Mcpherson made a statement
the cases before passing judgment
which ne reviewed the various charges an
evidence brought out at the trial In Il
case OF the four packing companies
= receiving concessions in accepting a rate
- q cents hundred pounds on export shil
ments from the Burlington railroad 4
gether with connecting lines between q
Mississippi river and New York when Il
published tarim was IS cents and the ca
OF the Burlington railroad, convicted
granting these concessions, he said:
l state these facts in writing TO try ar
correct the oft repeated statement thi
these are rebate cases 1t is not so II
q a case OF unlawful concession after AuEu
= s. az a rate OF is cents less than show
y hy the tariffs then on nle AZ WsshlnEt,
them the % i9Wfsi and duiu etssbIisns, M cen Ger,
He continued:
When the Clover Leas increased the IA
August 20 cents the Lehigh Vail
and other connecting hneS N the east Al
''concurrencesi that is 10 say the easte
lines agreed 10 such Increase
And In the trial OF thO packing hou
ca sas the aRaeed stateTren. OF facts recit
that the Burlington company agreed
such Increase
In the Bnrl-gtcs case. Il refused
sign this statement
So that Ike many other crimes, two mu
SsiltV ts he other is. II the carrier mai,
the concession II is guilty and n the shipp
accepts the concession. Il is guilty; a
The only difference in the evidence OF {
cases Il the shippers agreed that I
Burlington Is party 10 the increase
rates died BY the Clover Leaf August
Action of darlington.
~ The truth Is that the Burlington aid y
Ale 4 concurrence with the commission.
creasing the rate over the Glover Leaf a
eastern connexions connecting with
Clover Leaf; and as 20 that eontenti
Scoatinusd On Fifth PAgs) =