The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-23

much money his company would have
to refund. his sole objection being the
amount of work involved.
THE statement you sent Mr.. gilbert,
Commissioner Lane asked was n ~,
the full number Of cars transferred
mo, sir; 1t was only the list to Au-
gust 1st."
"You informed him that other cars
had been SO moved?"
Yes"
And he drew an arbitrary line at
August 1st?'
Yes"
was there any greater obligation on
your road after and not before Au-
gust?"
NO, sir" replied the witness. II
think the obligation rested on ALL
Did the withdrawal of the special
authorization by Mr. Gilbert stop the
irregular practice?
Yes, sir"
"Then Mr.. Gilbert had stopped it7'
THAT is my understanding of IT.
Mr.. Chappell said the list showing
that twenty ore cars had been deliv-
cred to the Seaboard from August 18th
to October 9th and nineteen to the
Coast Line from August I'd to October
Sd. was correct
Colonel Boykin on the stand.
Mr.. Marble called Colonel II. NJ. Boy
kin. division freight agent of the Sea-
board Air Line. He said he first heard
of the Valley plan OF shipping from
Gates about November LIST, when the
latter Informed him that he was tech
nically and unintentionally wrong in
shipping Western grain as Valley
grain. There were nine cars. Mr.. Gates
requested that he be allowed to pay
us the difference of cents per hum
dred. and that I give him new bill
ing as of the dates the cars moved.
said Colonel Boykin. but l did not ac-
code. ] said they were through ship
ments delivered to us. and that we
would look to the Chesapeake and Ohio
for the difference; not to him. / did
tell him I would look into 1t. but no
tilted him the next day of my re-
fusal. Mr. Caps. our general freight
agent, wrote me to discuss the ship
ment matter with Mr.. Gilbert, and that
if l found any cars We're moved which
We're not included in the list of twenty
one to investigate and confer with Mr.
Gilbert
Colonel Boykin says he wrote to Sea.
board Agent Phinney for a statement
of the W. r. Johnston cars back to
March 1903 Mr. Phinney replied that
he could not do more than get tn
books. and then Colonel Boykin wrote
for the books. There were no other
overtures for settlement from the
Chesapeake and Ohio.
Colonel" said Commissioner Lane.
did Mr.. Gates tell you 1T was up to
him to make this settlement"
"Ie said he was technically wrong,
that the cars were purely local.
THE full facts were not at that time
revealed to you?"
mo, SIR"
when did you learn the extent of
this practice"
I'VE don't know now but that I,
ran through period Of years. It will
take time to check up"
Mr. Phinney said that he was told
of the discovery OF false billing. He
declined. however, to change the re-
cords. as the cars had gone forward.
He was notified of nine errors.
Said Gilbert Didn't Accuse Him.
Mr.. Gates was recalled at the after
noon session. He said that he went
to Colonel Boykin and asked to make
settlement on nine cars. offering to
pay the local rate to the Southern
roads, and requesting that the through
billing be changed to local billing.
why did you do that?" Mr.. Marbla
asked.
II was requested to do so by Mr..
Gilbert. I had agreed to settle the
matter and was willing to pay the Diff
ference. Mr.. Gilbert said I ought to
settle with the connecting lines"
Did he accuse you then Of deceiving
him?"
mo, not at all. SIR
Mr.. Gates said that he did not think
Colonel Boykin would agree for the
reason that he heard Special Agent
Johnson was here and had stopped 1t
Mr.. Gates denied that he ever paid the
Chesapeake and Ohio switching foe
Questioned by Mr.. Lane, the witness
said that Mr. Gilbert phoned for nm
in October. He went Immediately tc
the office. Mr.. Gilbert said the thing
must be fixed up; that the through bill
ing had to be changed to local Bill.
ing.
This practice continued for three
years or more?"
yes, SIR"
did Mr.. Gilbert suggest that 70,
settle on all shipments made IN three
years?"
"oh, no, sir. He suggested that We
settle those which We're sun out ane
that we go hack to August.
did he give you any, idea OF thu
amount YOU would have to pay If 70,
paid back as far as August"
mo, sir"
Mr.. Gates said that Mr.. Gilbert never
called at w. r. Johnston's once. III
told Of the time he found Special Agen
Johnson checking up mere ana =, lmne
dlately informed Mr.. Gilbert. The ma
ture Of the Valley device, ne SAID wa
not discussed.
ION a subsequent occasion" said tn
| witness. Mr. Gilbert intimated ina
was on me- and that would have t.
straighten it. I simply smiled, " ;,
Johnston, he said, to settle the a1t l,
ence in freights prior to August. IN
later settlements We're stoppeo ps 9pe
cial Agent Johnson.
F1L1p1Nos NOT A BURDEN.