The Kemper herald. (Scooba, Miss.) 1875-1908, 1906-06-28
PACKERS FINED
Big AMOUNTS
TOTAL OF THE FINES IMPOSED
AGGREGATED $4,000.
FIVE BARONS ARE BLED
Taggart and Thomas, the Under Dogs
In the Case, Must Pay Fines and
Go to Jail Additionally---Motio
in Every Instance Overruled.

Kansas City.---In the United States
district court Judge Smith MCPHERSON
of Red Oak, Iowa passed sentence OIL
the seven defendants recently convict.
ed in this court of making concessions
and accepting and conspiring to accept
Rrebates on shipments. Judgments IL
the nature of fines were assessed as
follows:
Swift & Co., $4,000.
Cudahy Packing Company, $4,000
Nelson Morris & Co., $4,000.
Chicago, Burlington & Quincy Rail
way, $4,000.
George L. Thomas of New York
was fined $4,000 and sentenced to -four
months in the penitentiary.
The fine of $4,000 assessed against
the Burlington covered all four counts
the aggregate amount Of the fines in
the seven eases totaling $S5, 900.
Appeals wefe fixed in each case
and a stay Of execution was granted
until June % until they could be per
/ fected. The bonds in the cases OF
Thomas and Taggart were fixed at
$4,000 each. These two men appeared
in court personally and upon being
sentenced promptly furnished the re-
quired bond The bonds in the case OF
the packing companies and the Burlins
ton were fixed at $4,000 each.
Judge Mcpherson made statement
of the cases before passing Judgment
in which he said:
state these facts in writing to
the railway and correct the official re-
peated statement that these are rebate
eases. It is not so. 1t is a case of un-
lawful concession after August 9th at
a rate of II cents less than shown by
the tariffs then on file at Washington
under a contract Of June 16 of. %
cents, the lawful and duly established
fate."
He continued: "When the Glover
Leaf increased the rate August 6 to 35
cents, the Lehigh Valley and other
connecting lines in the east filed CON
eurrences, that is to say, the eastern
,ines agreed to the increase.
SIN the trial Of the packing house
rases the agreed statement of facts
recited that the Burlington Company
agreed to such increase.
In the Burlington case it re-
fused to sign this statement. Like
many other crimes, two must be es1
t,aged, or to restate it, if one is guilty
the other is. If the carrier makes the
concessions it is guilty and if the ship
per accepts the concession he is guilty
and the only difference is the evidence
of the case, the shippers agreeing that
Che Burlington is a party to the in
crease Of rates fled by the Clover
Leaf August 6. The truth is that the
Burlington did not file concurrence
with the commission increasing the
rate over the Clover Leaf and eastern
connections connecting with the
Glover Leaf and as to that contention
The Burlington is right. But it is a
contention of no possible Importance.
The conclusions Of the interstate
commerce commission on the point Of
exports are embarrassing and regard
less of what the commission said, those
indictments have been returned and
prosecuted to conviction.
"The constitution covers exports in
the same clause that it covers COM
merce between the state.
And the statutes in question do
the same and after great deal Of con-
Germ and thought | am not able to see
the distinctions that defendants coun-
sci seek to make
Judge McPherson said he was fully
persuaded that the verdicts in the
packing house cases and that Of the
Burlington are right and he assessed
the fines against all Of the compani Is
at the same sum.