Omaha daily bee., 1906-09-18
Interstate Commerce Commission Cver-
rules Notion for FOstpOnsment.
F. I. HtFfILFlSeER IS FIRST WITNESS
Fartnerin Peavey Company Says Union
Pscifo Owns No stock in It
CONTRACT WITH RAILROAD COMPANY
Peavey Firm Handles 100000 Bushels
of Grain From Union Pacihc Points
FOR which 1t IL Paid 4 IA
Cents = BusheI.

CHICAGO, Sept. l1.--Members of the In
terstate Commerce commission reopened
the old Peavey elevator case after listening
to a long dispute between the various law
yers representing the parties to the suit
relative TO a supposed agreement for a
continuance.
The dispute ended abruptly after Passi-
dent A. Is. Stiokney of the Chicago 1t
Western railway declared that L T.>
vigorously protested against any I, n
delay in the hearing President Stick II
is one OF the petitioners for the reopenih,
OF the case. which involves the Union Pa
cilic Railroad company, the Peavey Ele-
vator company and the Transmississippi
Elevator company. One of the chief alle-
cations in the case is that the railroad
company granted rebates TO the Peavey
Elevator company and gave 1t a monopoly
OF the grain business along the railroad.
Besides the Chicago Great Western rail-
road the petitioners are the Chicago. Bur
lington l. Quincy and the Atchison, To-
peka 4 Santa Fe railroads. The rebating
is said to have been done at Omaha and
kansas City.
The first hearing Of the case was held in
ST. Louis In July. 1906. and 1t was then
closed The three railroads filed their pc
ttions for rehearing, declaring that new
evidence had been discovered.
When the bill of complaint had been
read by Attorney Severance for the Chi
cago Great Western road Attorney Bald
win. acting for the Union Pacific de-
clsred that the only thing new in the
complaint is the charge that the Peavey
Elevator company had been given few
shipping facilities by the railroad, and
this assertion, Mr.. Baldwin declared, he
was ready TO disprove.
HeneInnEer Tells of Contract.
+. 7. Heffelhrger. a partner In II. H
Peavey g. Company. was the first witness
. He denied the Union Pacific owns any
stock In the Peavey company.
Mr.. Heffelfnger during the afternoon ses'
sion testified that the Peavey Elevator
company at Omaha during the year haS
received 100000 bushels of grain. OF thi,
amount, he declared that 100000 bushels
came from the Union Pacific railroad and
the remainder from Iowa points. He said
the. Company received about 80 per cent oi
the shipments OF the Union Pacifc system
On the Union Pacific grain his company
ne said. received lac a bushel for hand
ling. but when asked the amount received
for taking care OF the remaining 100000
bushsls, admitted a profit, but declined Il
stats how much 1t was.
When asked II he did not think tina
the iA-csnt contract did not make II easie
for his company In the way OF competition
tho witness replied:
mot q bit. We could continue buyinl
country grain without the Council Blum
elevator Just the same as ever and all thi
fuss ana public opinion against us woul'
be gone. That house is now for sale"
Edward p. Peck. manager of the Omah
Elevator company at Council Bluffs wa
then called to the stand, but shortly after
ward the hearing was adjourned until to
morrow morning.
Commissioner Knapp announced that on
or two OF the commissioners will go I
Omaha TO hear the coal and oil case o
Wednesday, while the others viii remain 4
Chicago.
Cases I'm New York.
NEW YORK. Sept. 17.-Counsel repre-
senting the New York Central & Hudso
River Railroad company. r. s. Pomero,
general trafiic manager. and Nathan Guild
ford, vice president OF the company. ar
pearsd In the United States circuit cour
today and pleaded not guilty to an indict
ment charging them with rebating in cor
nection with the trafic OF the America
Sugar Refinery company's product. TIL
trial was set for October 10