The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-04-30
DECISION GIVEN
AGAINST PACKERS
Circuit Court of Appeals Up
holds Opinion of United
States District Court.
FINE OF $4,000 EACH
ARE ALSO AFFIRMED
Armour, Swift, Norris and
Cudahy Companies Are the
Ones Affected.

ST. PAUL, April 29.-Judge Sanborn
today filed the opinion of the United
States Circuit Court OF Appeals which
he had written, affirming the judgments
of the United States District court Tor
the Western district Of Missouri against
certain packing companies for accept
ing concessions of l. cents per hundred
pounds from the portion of the estab-
lished rate for the transportation of
provisions on through bills of lading
from Kansas City to Christinnia and
other points in foreign countries. Judge
Hook and Judge Adams concur in the
opinion.
The defendants in the cases involved
in the decision are the Armour Packing
company, Swift & Co., Morris d Co, and
the Cudahy Packing company,
These cases are the first of the 90.
called rebate cases brought by the
United States against the packers
which were determined by the Appel
late court, and this will form the basis
for future action until the Supreme
court reviews the decision. The sub
the court is rs follows:
First-That the giving or receiving
of d rebate or CONCESSIONS whereby
property in interstate or foreign COM
merce is transported NJ less rate than
that legally filed, is a violation of the
Elllins act aud is continuous crime,
adjudicable IN any court of the United
States having jurisdiction of the crimes
through whose district the transporta
iion is conducted.
Must Publish Rates.
Second-The dates of transportation
from places in the Union TO ports Of
5ranshipment, and from ports of entry
TO places in the United States. of prop
erty in foreign commerce carried under
through bills of lading are required to
be fled and published by the amended
interstate commerce act of 1897. If
carried under an agreement on r,
through rate which is the sum OF the
ocean rate and the rate from or to q
place III the United States TO OF from
The port of transhipment or of entry,
the latter rates arc required 10 be filed
and published. If carried under Il joint
through rate by virtue Of a common
control, management or arrangement, of
the inland and ocean carriers, the joint
rate is required to be fled and pub
lishod
Third-The giving or receiving of the
rebate or concessions whereby property
i'll interstate or foreign commerce is
transported at lower than the estab"
lished rate, is the essence Of the offense
pcTtincntly denounced by the Elkins
act The device by which the conces-
sion or TRANSPORTATION is brought about
is not an essential element of the crime,
and it is unnecessary to plead 1T in the
Indictment. The meaning of the clause
by any device whatever in the FL
Rins act is directly or Indirectly, i'll any
way whatever.
AS to the Contract.
Fourth-A contract between 4 car
rier and a shipper TO transport the lat"
Ter s goods in interstate or foreign COM
mcrce at the then established rate for
q definite time. is Ineffective after Il
higher rate has been filed and published
as required by law, The time during
which rate different from the agreed
rate established by filing and publish
ing is excepted from the terms OF such
contract by virtue of .he rational acts
10 regulate commerce, which are n part
thereof. Such n contract constitutes no
defense 10 Il charge II giving or receiv-
ing rebate or concession from the fled
and published rate.
Fifth-The only criminal intent
requisite TO conviction of an offense
created by statute which is not nahum
In Sc, IS the purpose to 10 the act in
violation Of the statute. No moral
turpitudo or wicked intent is essential
TO II conviction Of such a. crime.
The lower courS imposed q penalty
of $4,000 on each of the indicted Grms
and the fines have been alnrmcd,