The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-11-08
REBATlNGIs
s()A | {. !. ] ! 4 !
!ATcHisoN, TOP AND ! SANTA
FEs SRAlLRoA coMRANS
GETS HEAVY Fin e. y; ~ s3,Sil !

GETS HEAVY FIJI E.,s;:
Los ANGLE s. Cal, Nov. Judge
olin sWellborn, in the United States
district court fined the .Atchison, To
peka & Santa Fe Railroad Company
100000 for rebatlng. The fine was
what the court denomlnated. "An In.
termeliate Penalty the maximum
which might have been assessed be-
ing $1,32O0oO and the minimum &c.,
o0o.3 The court reviewed the case in
awritten opinion in which 1t was stat.
ed there were sufficient doubtful and
extenuating circumstances to preclude
the possibility of a maximum sentence
and yet sufficient intention OF wrong
doing shown to make impossible a
minimum penalty.
The Santa Fe company was convict
ed on October II, last, by Jury in the
federal court of granting rebates to
the Grand Canyon Line and Cement
Company Of Arizona. It was found
guilty of all the sixty.six counts charg.
ell in the Indictment after but an
hours deiberation. The rebates which
were given on shipments of lime and
cement from Nelson, Arizona, to Los
Angeles, ranged in amount from IS
cents to SIG. The company claimed
that these amounts were not rebates
on the regular freight rate, but were
in the form Of damages to goods which
were allowed after such claims had
been regularly presented and proved
in each instance. The court did not
take that view of the case, however,
and stated that It "Was not convinced
by any means that these amounts rep
resented bona.fde settlements OF
claims"
Immediately after the fine was an.
nounced, W. E. Camp, solicitor for the
company. moved a stay of judgment
needed to prepare bill Of exceptions.
Judge Wellborn fixed the stay Of at 30
days with the privilege of an extension
II sufficient showing should be made
at that time. The court then prema.
torially ruled the next case on the
docket. RI.
Judge Wellborn's decision is in part
as follows:
The Elkins law under which the de-.
PENDANT has been convicted. prescrlbes
as the punishment for its violation a
fine Of not less than $1,000 nor more
than $4,000. 81
For a quarter Of century congress
has sought to regulate commerce be.
tween the States and Territories so
that the agencies OF Transportation
engaged In such commerce shall be
open to competitors and localities I'm.
on terms of equality and to this end
the statutes uniformly and sternly for.
bid all sorts OF discrimination and ia.
voritism. t%str.
su,nrosso,, ,,s ' ao"s". u oe
ami ma,l,n,n. -, % "aaesptead
Tho oo,,n,aa M q, % ,iul's "lthlh
ou,ra - 80. nv" 'e"se mat they re-
noed on,,, w. a. 'n,s 'lme ana 1t
,nd al a.ho sow 'nat 'ie Elkihs law
iect shou,1 :, 80 'pon .'ie same SUD-
forced Nv ~ ~ construed ana en- en-,
their policies AMI ov.,rn.. az .'n,,e
against which thew are d,ro,tas
ii Had there been No mon.,aa -, a.
defendants IN tbe mottar aa,,,s -.
be mindful OF the sa,ient ,aot ,sn. th s
concessions made hv thaN -, -,
were small in omount ronn,.a ~. -.
cents to s14 az ver,a,na q. oo Am %
aggregating sa4o 20 which a.a.a,s , ~.
is not more tbon ono nor oar. =, 49,
total traffic of tho same ~. .sa.s,.
uted by the sb,nners - whs 49,.
cession was maaa ~ 'Ae eon'
"While the circumstances do not !,
any way effect the abstract Question
NJ ippo,opno- - ,,, a, r-sfrr - rl-.