New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-30
PACKERS LOSE APPEAL.
United States Circuit Court Affrms
judgments an Rebate Cases.

ST. Paul. April 2e.-Judge sanborn to-day filed
the opinion of the United States Circuit Court of
Appeals. which he had written, affirming the
judgments of the United States District Court
for the Western District of Missouri against the
Armour Packing Company. Swift & Co.. Morris
d Co. and the Cudahy Packing Company for
cepting concessions of II cents a hundred pounds
from the established rate for the transporta-
ton of provisions on through bills of Iadng from
Kansas City to Christiania and other points IN
foreign countries. Judges Hook and Adams con-
CURED in the opinion. The lower court imposed
penalty of $4,000 each of the indicted firms,
and these fines were affirmed.
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 action until the
Supreme Court reviews the decision. The sub
stance of the conclusions reached by the court
The giving or receiving of a rebate or concession
merce Is transported at a less rate than that le-
k nleq ana puosned Is VIOLATION a. the
IN any court OF the United states having jurisdc-
ton of any district through which transportation
The rates of transportation from places In the
ports of entry to places in the United States of
ihrdueb hills Of Ianr @ reopiTed "a he filed apd
published by the amended Interstate commerce act
If carried under aggregate through rate which
IS the sum of the ocean rate and the rate from or
10 place in the United States TO or from the
Ro1 OF IS hp nd or Of s1 the latter rate
II carried under a joint through rate by virtue
Of common control. management or arrangement
or the inland and ocean carriers, the joint rate is
required TO be filed and published
The giving or receiving of the rebate or conces-
sion whereby property in interstate foreign
commercs Is transported at less than the estab
denounced by the Eltins act. The device" by
which the concession or transportation is brought
IL is unnecessary 10 plead It in the indictment The
meaning of the clause by any device whatever
in the Ekins act Is directly or indirectly, in any
A contract by a carrier and a shipper TO trans
port the latter's goods I'm interstate or foreign
mite time is inefFectIve after higher rate has been
filed and published as required by law The time
during witch rate different from the agreed rate
from the term Of such contract by virtue of the
national acts to regulate commerce which are
part Thereon: such contract CONSTITUTES no , deo
or concession from the filed and published rate
The only criminal intent requisite TO a conviction
OF an offence created by statute which Is not
nahum IN is the purpose to do the act in viola
ton OF the statute. No moral turpitude or wicked
intent is essential to a conviction Of such crime
Kansas City, April 2s-The defendants named in
Judge Sanborn's decision were indicted by the
federal grand jury in Kansas on December 10. 1905
The trial was held here in April 1875. The grand
fury also indicted three railways and several off,
GERS OF railways. The officers were charged with
conspiracy and the railways with giving rebates.
These cases pending before the United States
Circuit Court Of Appeals
Judge Smith Mcpherson June p last fined the
four packing companies $1,000 each.
We'll the decision certainly dispoSeS OF the QueS-
ton OF Jurisdiction over export rates. Frank Hag
ernan, attorney for the Armour Pacihc Company,
said to-day when told OF the courts decision. 1T
IS the first time the question has been decided.
The cases can be taken the United States SUI
g
certiorarf. We may ask for Il. We shall have 10
consult with the other interests before can tell