Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-04-30
Railroads Made Concessions on Through
Shipments to Europa
QUESTION OF JURISDICTION DECIDED
Commission Has TOwsr 10 Supervise Rates
on Export pmeutG
-FOUR COMPANIES FINED $4,000 EACH
Appeals I'm Cases Of Railroads and
Railway Managers Convicted at
same Time Are stiu
Pending.

ST. PAUL, Mimi, April 29-Judge SAN
born 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 for the western
district OF Missouri against certain pack
Ing companies for accepting concessions Of
II cents per 100 pounds from the portion OF
the established rate for the transportation
Of provisions on through bills Of ladinR
from Kansas City to Christiania and o1her
points in foreign countries. Judges Hook
and Adams concur in the opinion.
The defendants in the case involved In the
decision are the Armour Packing company,
Swift and Company, Morris & Co. and the
Cudahy Packing company
These cases are the first OF the so-called
rebate cases brought by the United States
against the packers which were deter
mined by the appellate court and they will
form the basis for future action until the
supreme court reviews the decision.
Gist of Opinion.
The substance OF the conclusions reached
by the court are as follows:
l. That the giving or receiving OF a re-
bate or concession whereby property In in
terstate or foreign commerce is transported
at a less rate than that legally filed and
published is a violation Of the Elkins act
and is a continuous crime adjudicable in
any court OF the United States having turls-
diCtion Of crimes through whose district
the transportation Is conducted
2. The rates Of transportation from places
In the United States to ports Of trans
shipment and from ports Of entry to places
In the United States of property in for
eign commerce carried under through bills
Of ladng are required to be filed and puo-
lished by the amended interstate commerce
act OF 1857, II carried under an agsre-
gate through rate, which is the sum OF the
ocean rate, and !he rate from ,o or 10 az, gl@css
shipment or of entry, the latter Is required
to be filed and published II carried under
a joint through rate by virtue OF COM
mon control. management or arrangement
OF the inland and ocean carriers, the Joint
rate Is required to be filed and published.
3. The giving or receiving OF the rebate
or concession whereby property In inter-
state foreign commerce is transported
essence of the offense pertinently de-
nounced by the Elkins act The device"
by which the concession or transportation
is brought about Is not an essential ele-
ment OF the crime and It is unnecessary TO
plead II IN the Indictment. The meaning
the Elkins act is, directly or Indirectly
in any way whatever"
when Contract Fails.
T. A contract between carrier and a
shipper to transport the latter's goods in
interstate or foreign commerce at the thea
established rate for "a definite time Is inet-
fective after a higher rate has been Iiled
during which a rate different from the
agreed rate Is established by hling and pub
| fishing iB excepted from the term OF Sucn
contract by virtue Of the national acts 10
regulate commerce which are part thereof.
| Such a contract constitutes no defense to
! charge of giving or receiving a rebate or
concession from the filed and published
! rate.
g. The only criminal intent requisite to a
| conviction Of an offense created by statute
which Is not nahum in Sc is the purpose to
do the act I'm violation OF the statute. No
moral turpitude or wicked intent Is essen
/ tial to a conviction Of such crime.
! History of the Case.
| KANSAS CITY. April 29.-The defend
! ants named in Judge Sanborns decision
were indicted by the federal grand jury
| in Kansas City December Is, 1905. The
| trial was held here at the April term In
| 1906. The grand jury also indicted three
railways and several officials OF rail-
| ways The officials were charged with
| conspiracy and the railways with giving
! rebates. These cases are pending before
! the United States court of appeals.
The cases were tried here before Judge
! Mcpherson, who, on June 22 last, lined the
! four packing companies $4,000 each.
Well the decision certainly disposes Of
! the question of jurisdiction over export
rates" Frank Hagerman, attorney for the
Armour Packing company, said today
when told of the courts decision. 1t y
! the fret time the question has been -
/ cided The GASES can be taken to the
| United States supreme court only on a
petition for a writ Of certioraTi We may
! try for It. / shall have TO consult with
the other interests before l can tell"