Omaha daily bee., 1908-07-23

MERGE act relating to the publishing and
filing OF rates is quoted and the opinion
continues:
There are 169 assignments of error. TAX
ing up siXty-seven pages OF printed record.
In view OF the conclusion. however, TO
which we have come It is unnecessary to
review many of these assignments-the ones
reviewed covering all propositions of law
that we deem essential to the guidance Of
the district court in the event OF a second
trial. Complementary stated, the assign
nents of error which we shall review re-
late:
Three Questions of Law.
First, to the view adopted by the trial
court carried out In its rulings In admission
and exclusion of evidence, and embodied in
it's charge TO the jury that a shipper can be
convicted OF accepting q concession from
the lawful published rate. even though 1t
Is not shown as bearing on the matter of
intent that the shippers. at the time Of
accepting such concession, knew what the
lawful published rae actually was.
Secondly, 20 the view adopted by the
trial court that the number OF offenses is
the number of carloads OF property trans
ported, Irrespective Of whether each car
load, the whole or the part only OF a single
- lNeAANlAih III q eAAlbAAANAAAt aAA
Third, whether in the imposition Of the
line named. the trial court abused the dts
erection vested In the court.
1--WE shall take up these subjects In the
order stated. the first being whether tho
shipper can, without error, be convicted
of accepting a reduction OF the lawful
published rate, even though II IS not shown
ss bearing on the matter Of intent, that the
shipper. at the time Of accepting such con-
c~ession, knew what the lawful published
rate actually was-in view Of the law that
Is embodied In the charge and carried out
In the ruling excluding certain preferred
testimony, including that of one Edward
Bogardus, who being in absolute charge OF
tho traffic affairs of the plaintiff in error
during the period covered by the transac-
lions, offered to testify that during that
period he did not know anything about
an is cent rate. over the Alton railroad:
chat his attention had never been called to
any such rate by any person or by the
examination of any document; and that
II was his understanding and belief, based
on what he was told by one Hollands.
tariff cleEk for the Alton railroad, tbat
the rate over the Alton road was 6 cents
ana that such rates had been filed with
tile Interstate Commerce commission.
Thought Low Rate Was OmciaI.
Hollands, who was called by the gov
ernment had previously testified that he
had no recollection OF telling Bogardus
that the 6 cents rate "a commodity rate) had
been filed with the IntsFstats Commerce
commission. But answering on his voir
dire. the jury being excused. Hollands
further stated that he reearded 6 cents per
hundred pounds as the official rate between
Whiting and East st. Louis; that he re-
garded q certain application sheet, which
covered Whiting at Chicago rates, and the
sheet for Chicago. taken together, as show
Ing q 6 cents ccmmodity rate; that when
ever he spoke Of the rate on this COM
modify between Whiting and East 81
Louis he had IN mind those papers and
hat IL he had been asked by Bogardus OF
anybody else whether there was a rate
between willing and East ct. Louis he
would nave answered that there was Snd
hat II was filed and such a rate was
,cnts: when evidence thus preferred wa,
excluded by the court, for the sole reason
that as a matter OF fact, as the court
mot the Jury found 10 be, the application
sheet containing this G-eent commodity rat,
had not been filed with the Interstate Com,
ulerce commission. Had the court founc