Omaha daily bee., 1906-07-03
Bills OF Exceptions Will Be Filed with
Court Of Appeals August FL.
OBJECTION TO LANGUAGE OF COURT
One Paragraph in Charge to the Jury
ALLEGED to Be Improper.
PLEAS BY THOMAS AND TAGGART
New York Men Say They Were Not
Legally shown 10 Have Been
Connected with the
Company.

KANSAS CITY, July 2.-The following
steps in the United states district court
here in the rebate cases we're taken today.
when appeal bonds were perfected upon
behalf OF the seven convicted individuals
and concerns, and when bills Of exception
were filed for the Chicago, Burlington d
Quincy Railroad company and George l..
Thomas the New York broker, and his
chief clerk. L. b. Taggart. Bills OF eN-
cepton had previously been presented IN
the cases Of the Armour Swift Cudahy
aud Nelson Morris Packing companies.
The next step will be the filing of the bills
Of exception with the court of appeals,
which will he done at ST. Louis on Au-
gust q.
In this case Of the Burlington road the
exceptions taken apply particularly to the
allegation Of the defendant that the inter
state commerce act does not apply to ex-
port rates, which question is involved, and
that THIS district court lacks jurisdiction.
Object to Courts Language.
Particular exception is taken to the fol-
lowing charge TO the jury made by Judge
Smith Mcpherson, who presided a. .he
trial:
1t is alleged that this carriage. was by
way Of a concession to Amour & co. 70
the extent Of ~ cents per hundred pounds
for that part Of the district between 81.
Louis or the Mississippi river and New
York city, where e could be loaded upon
the steamship. The allegation Is that thls
was an unlawful concession, thereby SUP
the act of congress passed February 10,
1903. eor,mony called the EllSins act
This part Of the charge referred to a
shipment Of packing house products ac-
cepted by the railroad at 23-cent rate
when the tariff on file with the Interstate
Commerce commission was 80 cents.
The exceptions in the cases OF Thomas
and TaEgart are based principally upon the
assertion that II was not shown that the
defendants had been a party to the alleged
conspiracy entered into with George A.
Barton. the Kansas city shoe merchant,
20 violate the Eliins act by securing re-
bates on shipments from New York, and
that no overt act was committed. The in
dictment charged Thomas and Taggart
/ with eonspiraey seailegng SEVEN overt acts
Alton Rebate Case on Trial.
CHICAGO, July John n. Faithorn and
Fred A. wann. former officials of the Chi.
eAEo e. Alton railroad, were placed or
frial today in the United States district
court on the charge Of granting illegi
rebates 10 the schwarzchild & sulzbergel
Packing company OF this city.
jury was secured in a short time anC
the court was informed that the counse
IN the case had agreed upon the facti
covered III the first eight counts Of tn,
indictments, and that only a small amour
OF evidence viii be necessary under tn
remaining two counts. The Indictment
charge the defendants with granting a re
bate of 81 on every car of meat shipped
from its plant in Kansas City. The de
PENDANTS claim that the money was paid 10
another purpose. The last two counts o
the indictments charge that the employe
OF the packing company were carried b.
the railroad free OF charge, because afte
purchasing tickets in the regular way the
would be given receipts and later tn
amount would be returned by the railroa
to sehwsrzohild & sulzberger and tina
this constituted a rebate.
on Case Called at Toledo.
TOLEDO, o., July AIN the probate couI
OF Hancock county was begun today IN
night against the Manhattan Oil compan
and the Buckeye Pipe Line company. pui
chasing and pipe line companies OF n
Standard oil company. The charge is cor
spiracy i'm restraint Of trade. The matt,
was not taken before the grand jury bt
was brought directly In probate court b
the prosecuting attorney. who is asssts
by the attorney general of the state III
Standards attorneys have filed a motto
20 duash the motion on the ground ths
the probate court is without jurisdiction
Rebate Case at Cleveland.
CLEVELAND, July 2.-United States Di
trict Judge Tayler today issued an ord,
for a grand jury TO investigate the charg,
Of rsbating and discriminating against n
Lake Shore & Michigan Southern and 9th,
railroads In favor OF the Standard oil con
pany.