Watertown weekly leader. [volume] (Watertown, Jefferson County, Wis.) 1906-1908, 1906-06-15
PACKERS GUILTY OF
accepting rebates
FOUR LEADING COMPANIES CON-
VICTED IN FEDERAL COURT
AT KANSAS CITY.
DEFENDANTS ARE HELD
AMENABLE TO STATUTE
New Issue Decided by the Case-In-
terstate Commerce Act Applied to
Foreign Trade for First Time
Sentence Postponed.

terstate Commerce Act Applied to
Foreign Trade for First Time
Sentence Postponed.
Kansas City, Mo-, June 13.-Armour
& Co., Swift & Co., Cudahy & Co., and
the Nelson Morris Packing company
were found guilty in the United States
district court here Tuesday of accept
Ing rebates from the Chicago, Burling-
ton & Quincy railway on export ship
ments on packing house products. The
case was given TO the jury at 10: 40.
The verdict was returned at 11:4O.
Law Provides for Fine Only.
Judge Smith Mcpherson, of Red Oak,
Ia, the presiding judge, stated that
sentence would not be assessed until
the case against the Burlington rail-
way, which is charged with granting
the concession to the packers, is con-
cluded. The Burlington trial began
Tuesday afternoon. The law in the
present case provides for fine only,
and not a jail sentence.
The specific case considered, which
was practically identical with the 9TH
ers, was that charging Cudahy & Co.
with accepting a rate of 23 cents per
100 pounds on shipment of lard to
New York for export to Germany, when
the legal tariff then on file with the
Interstate commerce commission was
35 cents. The trial began last week,
and after lengthy argument was con-
tinued until Tuesday morning, when
Judge Smith Mcpherson, of Red Oak,
Ia, the presiding judge, instructed the
Jury.
Case of Great Importance.
The case is of unusual Importance
In the list of rebate trials to come
up in this court, for it is the first time
that any concern has been brought to
trial before a jury on charge affect
ing export rates as applied to the inter-
state commerce act Counsel for the
defendants in this trial contended that
the court lacked jurisdiction, which
was overruled by Judge Mcpherson,
and that that when they signed a con-
tract covering the 23-cent rate it was
legal, and that the Burlington later
raised It's tariff to 35 cents. Judge
McPherson's instructions to the jury
covered the points fully.
Judge McPherson's Charge.
Judge Mcpherson, in stating the case,
said that according to the indictment
returned against the defendant, the
packing company signed contract, to
run until December 81, 1905, in which
the Burlington railway agreed with
other connecting railways, to carry
packing house products from the Mis-
souri, river to Germany, billed by New
York; that the rate agreed upon in
cluded rate of 90 cents per 100 pounds
between the Missouri river and New
York: that while this contract was in
existence the Burlington railway filed
with the interstate commerce commits
sion al amended tariff of IS cents on
these products from the Mississippi
fendant continued to accept the 23-
cent rate after August 6, 1905, when
the alleged offense was committed.
Law That Covers Case.
Judge Mcpherson said: "The consti-
tuition of the United States gives con-
gress the power to regulate commerce
between the state and with foreign ma
tions. And In the exercise of this pow
er congress did enact the two statutes
of February 4, 1887, and of February
10, 1908, the last being amendatory OF
the former.
THE court charges you that in car
rying the products from Kansas City
Kan, in and through this division and
district to the Atlantic Seaboard ports
to there be loaded on vessels and car
ried TO European ports, such COM
merce was with foreign nations, and
was such commerce as is referred tC
and covered by the two enactments OF
congress mentioned. In this case the
defendant packing company was both
the shipper and the consignee. And in
making such shipment from Kansas
City, Kan, to, within, through, and be-
yond this division and judicial distric,
to an Atlantic seaboard port, to be
there placed upon an ocean vessel, tC
be carried TO a European port, both
the defendant packing company, the
Burlington company and the connect.
ing lines of railroad, each and all, are
amenable to the two statutes in ques.
ton
Lawyers Agree on Statements.
After the jury retired, A. S. Van.
valkenburgh, district attorney. an.
nouaced that the government and the
attorneys for the defendant had prac.
tically agreed upon a statement ol
facts in the case of the Chicago, Bur.
lington & Quincy railway, which is un.
der Indictment charged with granting
concessions to the packing companies
whose case was on trial Tuesday. Nc
witnesses Will therefore be examined
in the Burlington case.
British Slay 16O Natives.
Durham, Natal, June 1S.-Col. Mac
kenzie's column attacked the rebel ma.