The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1907-05-03
GUILTY OF
accepting rebates

st. Paul, Mimi, April 30.-Judge
Sanborn Monday filed the opinion OF
| the United States circuit court of ap.
peals, which he had written, affirm
ing the judgment of the United States
district court for the western district
of Missouri against the packers for
accepting concessions of IL cents
hundred pounds from the portion of
the established rate for the transpor.
tation of provisions on through bills
OF laolng from Kansas City to Chris.
tiania and other points in foreign
countries. Judges Hook and Adams
concur in the opinion.
The lower court imposed penalty
of $4,000 on each of the indicted
firms, and these fines have been
affirmed.
The defendants in the case involved
in the decision are Armour & Co.,
Swift & Co.. Morris & Co., and the
Cudahy Packing company.
WiII Govern Other Cases.
These cases are the first of the so
called rebate cases" brought by the
United States against the packers, to
be determined by the appellate court,
and will form the basis for future &C.
tion until the supreme court reviews
the decision. The substance of the
conclusions reached by the court are
as follows:
1. Elkins act, rebates-Jurisdictio
on transportation conducted thereun-
der. The giving or receiving of a re-
bate or concession whereby property
in interstate or foreign commerce is
transported at less rate than that
legally filed and published, denounced
by the Elkins act, 81 stat, c. 708, p.
1847, is continuous crime judicable
in any court of the United States hav-
ing jurisdiction of crimes through
whose district the transportation is
conducted.
Rates to Be Published.
2. Rebates-Inland rates on through
exports and imports required to be
nled and published. The rates of
transportation from places in the
United States to ports of transship-
ment and from ports of entry to places
in the United States of property in for
eign commerce carried under through
bills of lading are required to be filed
and published by the amended inter
state commerce act Of 1887, "a stat, c.
104, p. 379.
II carried under an aggregate
through rate which is the sum of the
rofo %h1 IN %~ n
place in the United States to or from
the port of transshipment or of entry
the latter rate is required to be filed
and published.
If carried under a joint through rate
by virtue of common control or ar
rangement of the inland and ocean
carriers the joint rate is required to
be filed and published.
3. Rebates device" of Elkins act
immaterial; indictment sufficient with
out pleading it. The giving or receiv-
ing of the rebate or concession where
by property in Interstate or foreign
commerce is transported at less than
the established rate is the essence of
the offense denounced by the peril
nent paragraph of the Elkins act. The
device" by which the concession or
transportation is brought about is not
an essential element of the crime and
it is unnecessary to plead it in the in
dtctment.
The meaning the clause "by any
device whatever" in that paragraph is,
directly or indirectly, immaterial in
any way whatever.
Fails to See Defense.
4. Rebates-Contract to maintain
established rate ineffective after high.
er rate is established no defense to
charge of receiving less than filed and
published rate. A contract between
carrier and a shipper to transport
the latter's goods in interstate or for
eign commerce at the then established
rate for a definite time is ineffective
after higher rate has been filed and
published as required by law.
The time during which a rate Diff
ferent from the agreed rate is estab-
lished by filing and publishing is ex-
cepted from the term of such contract
by virtue of the national acts to regu-
late commerce, which are part there
of. Such a contract constitutes no de-
fense to charge of giving or receiv.
ing rebate or concession from the
filed and published rate.
S. Criminal intent-Simple purpose
to do forbidden act which is not
nahum in Sc is sufficient. The only
criminal intent requisite to convic-
tion of an offense created by statute
which is not malum in sc is the pur.
pose to do the act in violation of the
statute. No moral turpitude or wicked
intent is essential to conviction of
such crime.