New-York tribune., 1908-10-28

The witness said that he kept the Scent rate a
secret from the New York Central and the Ne"
York Central did not tell him its rate from RocHeS-
ter TO Norwood or other destinations. These rates
he said were not filed with the Interstate Com
merce Commission. Mr. Johnson also testified that
the Standard Oil Company shipped from Olean to
Norwood, and that the of the two rates Cnot
filed with the commission) lis cents hun
dred while the tariff filed with the commission
was 265 cents a hundred from Olean.
Franklin Ferris, special examiner for the Cniteo
States court, presided. Frank B. Kellogg exam
ined the witness, being assisted by Charles B. Nor
rtson, of Chicago. John S. Miller, Mor1tz Roseh-
thai and Chauncey W. Martyr. al OF Chlcago'
were counsel for the defence.
Mr. Johnson. who has been with the Pennsyl-
vania Railroad for more than twenty-five years.
said that 1906 the road began to file its scnedueS
with the Interstate Commerce Commission. 10 get
a share of the traffic from Olean to other points
he said the companies having connecting hnes hau
adopted through rates He said that ne ulu HoI
know of any understanding between the Pennsyl-
vania and the New York Central roadS Oh I@
between OIean and Rochester
Your road is under indictment on account OF
that 9-cent rate from Olean TO Rochester? MT
kellogg asked.
II understand that IT is" Mr.. johnson replied
THE case is pending now.
The witness said that the tariff had not oeeH
posted in the station at Olean, as required by the
Hepburn act but that it had been given TO the
agent there and notice was posted in the station
instead that the agent had the tariff
"An of your shipments of the Standard OF! under under
that 9-cent rate to Vermont were bhho-Oliieu' "e-
they not?'' asked Mr.. Kellogg.
Yes, sir.
The witness said there was one otner case WHERE
he blind-bied shipments, but he could not feiie'1
Der the name of the shipper
The question of blind-bng and the Standaro 3
9-cent rate took up the afternoon session alSo-
81 show YOU the division between the PennsyI-
yanta and New York Central roads, Mr.. heAosg
said which are marked not to be posted SO .ia'
il bears on the face the 265 cent rate From Olean
to Norwood there were routes, one through
ru4faIo and one from Rochester. You had a rate
Of II cents and one of that were not hled?'
Yes"
so you had two rates that were not fled with
the commission
Yes"
Mr. johnson said the and II cent rates were
from different points and meant no discrimination
He said that prior to 1906 there was some pro-
rating with some of the New England roads, bur
there now On being shown letter
from NJ T. Donovan, traffic manager Of the Boston
& Maine, giving the names Of three hundred sta
tons the witness said he could not say whether
his road had prorated to these stations. He
could not say what loss had been caused to his
company by the resumption OF prorating by the
New Haven road.
He said that Bradford had not got as favorable
a rate as Olean. because az first II narrow
gauge road, but It the basis
as Olean, Titusville and OIL City He said that he
did not know of the independent dealers ever ship
ping on the 9-cent rate OF the Standard Oil Com
pany.
The people Of Oil City, Struthers and Bradford
did not get the benefit of the Scent rate, did they?
asked Mr.. Kellogg
We believe that they got equally good one
for through rates. Mr.. Johnson replied.
IF you make 15-cent rate equal TO a @
cent one Ir. kellogg remarked Il would like TO
know how you do it
The witness did not answer.
The hearing Will be continued at 70 o'clock this
morning.