The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1907-11-13
SANTA Ft Fined !331.lo0.
CALIFORNIA FEDERAL JUDGE
NAMES $4,000 AVERAGE
49, PENALTY.
1sy-Six Coants IN IndicSnnent-Re-
4 onsane Evidently 20 Gain Trade and
1oA Trsdc. Says Judge, Hut He
Y Dscnases Law EOrbids Just That.

0oe0 1rndc, says Judge, Hut He
y Declares Law FOrbids Just That.
rsos Angeles. Cal. Nov. s.--Judge
Dion Wsllborn. In the United States
DISTRICT Court yesterday nned the
AeeAisco. Topeka and Santa Re Rail-
sad Company Saso.ooo for rebating.
ne nns was what the Court denomi-
nassd IAN intermediate penalty" the
maximum which might have been as
eossd being si.sso.ooo and the mimi
\ mum See.ooo. The Court reviewed
NE cass In written opinion. in which
- wa stated there were sunscient
Sdoubtsul and extenustiny circum-
'oeances 70 preclude the possibility o,
= uaaximum sentence and YET insuffi-
c>snt intsnsien of wronydoins shown
t. make inDos-ibls . minimum PEN
o1(y.
= The santa ~ Company was con-
Hyocted On October II last by jury In
\ ~ vSdsraI Court OF granting rebates
- th> Grand Canyon Lime q Cement
o0mpany OF Arizona. II was found
y ou11sy oe al the 90 counts charged In
NE m6ictmsnt after but an hours
:, lWDsration. The rebates which were
6vsn % shipment Of lime and cc-
Dme from Nelson. Aris.. to Los Ange.
~ renssd IN amount from IS cents
h - o1s. rhs oompsny claimed that
B o1e1e. amounta wsr, NOT rebates on
\ - rsgular frsisht rate. hut were IN
- form of damages 10 goods which
ego allowed AFTER stch claims had
- reoulasiy presented and proved
D'o1ph instaAcs. the Count today
- ~ take that vsew Of the case.
>hoyseep. ss1 stated that Il ''was not
op1N1noe1 ~ any means that these
- sspsessnssd bona-nds settle
4 knop eR olalmA~ H4.t a ~
sysAcs -.ysllbsras decision IL In
- = SoIlews: ~
~ ulh1ns NV. under which the
oppnceat has essa convicted. pre-
~ = ~ Dunishmsnt for tn Mo-
- : ~ e net iso than Si.oos
~ >1heoa shon 81. .eo0.
49, . epartsr % I century Con-
~ Aas souOAs to regulate COM
GDo tseessa me stasss and Terri
~ = that ~ assneies Of trans
l1lso engassd In such commerce
- ~ epen 60 eompstitor and local.
- uDea seens q sousiity. and TO
b 81 ~ sessstss uniformly and
rnly f0rsid al sorts Of discrimina-
- an1 esvorttism.
Z. The practices thus sought TO be
/ suppressed have been 90 widespread
:nna nalisnAs< and Are 90 fully. Within
- common knowledge that they re-
<QQ1re no. comment 1t this time. and Il
qnoo enly ~ said that ths Dlkins law
- an other acts upon ths same sob
. ~ - - constEssd and enforced BY
~ eeeyts - 70 promoss their polic-
- en1 eztirpass the evils against
- they are directed.
y <~Joad there bssn 10 msntion by the
1cfoBdsrt w the matter. could not
- mindful cf the salicnt facts that
tho conesssions made by the defend
ant were srnall In amount. ranging
from % cents to si4sS. averaging
\ 20 IL and asgregating s34V.5s.
w'11sh sg,asyass is not more than
\ ~ cent. of the total traf,c Of the
I hens soN contributed by the shipper
N - whom the concessions was made.
''while the circumstances do not
||D hny way arcct the abstract aues-
~ o, innoesuce or guilt they are
k1hifsstly lnsportent factors in deter
\ 3nsuing TIE enlistment to be inflicted.
hnd tcvct'sr with other matters Of
leessesusnce Appearing in the record.
which I viii not take time TO enums-
kso1s. provl<.ng the maximum PEN