Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-10-12
rook bury Just Twenty Minutes
To Convict it Of Grant
ing Rebates.
LIABLE TO FINE OF sL25O,OOO.
c,pr iIold- accepting Lees Than Tnr-
an Rate. on Freight Though ON
compromise Tor claims, Illegal.

I'D. Angeles oct lt-.Aftcs being ont
% minutes. the Jury in tha case OF the
e,yenmaut against tha s1utu Tc Rail-
-,,d company. on trial for rcbaUnq. ir
,bo federal court hero WIs afternoon
hrouch. boz verdict of guilty rgtlnst
ne raHrood ON am of lba 65 counts +
N. Indictment Judge Weuborn VIII
announce his decision ncE, Monday An
.sfimato of the maximum penalty which
may be- imposed Is 81 ESQ. 0o1
The charge against the Santa Fe ,vas
nat 90 had granted rebates from us
regular tariff ON shipments OF lime by
he Grand canon Lime q Cement COM
many of Arizona. The defense or the
rsn company was that the rebates were
concessions made tor thc alLiid
losses Boo The shipments during transit
nsual begon nu September 3d.
10 bis decision ou the law points
Which arose during the trial. Judge
Hamrn today laid down a point Of
hr which Us held 90 bo one of the most
Important which has been euuuciated
since the interstate commerce COM
mission was instituted lie said.
Il hold that the acceptance Ly the
defendant Of "a less sum OF money than
ihat named in its tariT f1r the trans
poriatIon of the property described iu
the Indictment BE- there has been such
acceptance, was "a departure from The
legal rates. and that 81 is uo justfoa-
ton f0r such departure nor o. 10 any
defense TO prosecution thereof. that
The acts of The carrier were done m
compromise of claims for loss of prop
crty iu transit
Final arguments Boz the case of the
Santa Zee Railroad company. charged
with granting rebates, commenced co.
day. The maximum fine that may b.
mrosed in The event of verdict of
conviction is Doe excess OF S1.250. 900.
At the opening OF today's session
Judge WcllhOrn announced his decision
on the points that have arisen iu the
trial and in every instance the court
upheld the government
Thomas J Norton, recently appoint
ed general counsel for the Santa Fc.
was threatened with Indictment I'm open
court today by oscar Lswlor. United
siates attorney. When LIwlor arose
90 close the Santa Fe rebate case Dee
announced that Norton. AS attorney for
Ihe railroad under indictment. had Civ
roo free Use of q car Co au agent TO-
'ho purpose NJ securing witnesses in
connection with the trial. This action.
declared the United States attorney.
VAS IN violation Of the Interstate com
uerce act.
"I win take the matter before the
Grand Jury and believe that I win So
ure the Indictment of MT Norton.
aid Lawlor. Atty Norton has con-
lucted the defense for his company
curing the trial
The most important point involved
in tho days proceedings was ON the
admission Of testimony regarding com
promises between the railroad company
and fho Grand canon Lime g. Cement
company reported by Kohn S. Schrim.
The defense urged that the alleged re-
bates were nothing more or less thaa
he result Of compromises with Mr.
Schirm. who claimed "a loss Of lime in
transit. The government cOntended
that 10 did not matter for what the con
.essions We're granted. that they CON
sdtuted rebates under the law. The
,ourt instructed 90 disregard the evil
ioncc regarding compromise.
The court also held that the railroad
has established its tariff of $40 for
minimum OF 40 600 pounds Of bulk lime
from Nelson Ariz.. TO points in south
ern California. by the fling OF Cts tariff
lists with tho interstate commerce com
mission denying the attempt Of the
company Co show that this did not es-
ublish tariff