Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-06-28
REBATERS TO JAIL
Burlington Railroad and Four Kan
sas City Packing Firms Fined
$4,000 Each.
ALL WERE GUILTY ALIKE.
Judge Mcpherson Took Occasion to
score the Dishonest Practices OF
Both Railways and shippers
in Evading the Law.


Kansas City, Mo-. June 23.-Aftei
vigorously scoring dishonest practices
of railway companies, shippers ano
their agents In giving, receiving OF
procuring unlawful concessions IN
freight rates, Judge Smith Mcpherson
in the United States court here Friday
pronounced sentence upon the follow
ing convicted corporations and per-
sons:
George L. Thomas, freight broker
four months imprisonment and nne
of $4,000.
L. B. Taggart, chief clerk to Thomas
three months imprisonment and a fine
OF $4,000.
The Chicago, Burlington & Quincy
railway, a fine of $4,000.
Swift G. Co., packers, fine OF $l5'-
900.
Cudahy Packing company, a fine OF
$4,000.
Armour Packing company, a fine Of
$4,000.
Nelson Morris G Co., packers, fine
of $4,000.
The severity of the penalties i'm
posed was a shock to the defendants
and their attorneys and indicated the
courts estimate Of the seriousness OF
their crimes.
The conviction of Thomas and Tag
CART occurred May 20, after trial In
which 1t was shown that they entered
into a conspiracy with the Barton
Brothers Shoe company Of Kansas City
TO obtain rebates from the railways.
In the course of the hearing 1t devil
oped that Thomas, with Taggart as
his assistant, had conducted regular
business as brokers in rates and ship
ping, soliciting tonnage for the rail-
ways and rebates for shippers.
The conviction of the packing COM
panies was secured June 10 and that
of the Burlington June 10, on an
agreed statement of fact submitted to
the jury by the attorneys Of both sides
The railway admitted giving and tho
packing companies admitted accepting
a rate 70 cents on the pound less than
that charged the general public. Their
defense was that this was done In the
fulfllment Of a contract made before
the advancement of rates and without
criminal intent.
Regarding the equal guilt Of all the
indicted corporations, Judge McPher'
son said:
81 assess the fines against all Of said
corporations at the same sum. ! do
this on full consideration. These par
ties were all together In this scheme,
with like motive and purpose. The
corporation that grants concessions is
neither more nor less guilty than the
party who receives such benefits, and
the form of the indictment cannot
change this any more than in the case
Of one who steals and and one who
knowingly receives stolen goods. Rail-
roads and shippers must be treated
alike In cases wherein they violate~the
Elkins law.
This Is so both under the law and
under any code Of morals. Both ship
pers and the railroads must under
stand that however artful the scheme
there is quail intelligence, which will
uncover and expose its nakedness. And
IL railroads and shippers doubt this
they will do we'll to remember that
they are playing against stakes OF
large fines and judgment of imprison-
ment. And In playing the game they
take all the chances"
After stating that the testimony
showed that several Kansas City firms
had received large sums in rebates
through an agreement with Thomas
and Taggart, the Judge said:
81 assume all these concerns will
be proceeded against for receiving these
Unlawful TtDdt6bi WhlCu Chu w uOhS
either by indictment or information, as
the last vestige Of the plea Of immuni'
ty for corporations has been wiped
out by the decision Of the supreme
court of the United States Of March IL.
1906, in the case Of Hale VS.. Henkle.
Il am only dealing with the case be-
fore the court am not dealing with
shippers. But | state my belief that
discrimination and concessions and
rebates Will never be brought to an
end until carriers and shippers alike
are made to understand that all are
guilty of q crime.
"The ingenuity Of traffic managers
In devislng rebates and concessions is
no greater than can be uncovered. A
recent writer has said that there are
more than so methods In use. But they
are all stupid and silly. Whether they
are given In the form Of salaries or
commissions, or for switching. or for
private cars, or demurrage, or false
claims for damages, or false weights
Or false classihcations, or covered BY