The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-23
SPECIAL AGENTS
I DID CLEVER WORK
However. Want TO
Know il Others Received
Rebates Here.
COMING SOON
Practically Certain Connecting
Roads Will Sue and Council
4. Viii Act

WIN tile first recovery from Il
sGocs of rebate revelations, local shil
prrs are bit curious to know If thei
Swere other cases than those brougl
out before the Interstate Commerc
eral of the witnesses summoned o
TUESDAY last were asked that Nigh
about the rebate matter generally.
There have been no rebates fo
shippers In ten years" said a repre-
sentative of firm implicated. "Yo
Know these special agents have :
earn their pay. The hearing to-mor
row will not amount to anything"
In justice to the special agents !
must he said that they learned theil
pay most thoroughly, for the docu
lnents of the railroad companies. now
in the custody OF the clerk of the Dis
itrict Court, showed that the firm from
which the denial quoted came had
Seen the beneficiary of a false billing
system If current reports are true
there may be a sequel in SUIT Tor
damage.
boil, Roads MAY sue.
In the absence of any official state
ment from the Seaboard Air Line II
is regarded as certain that the COM
pany will sue W. II. Johnston and PROB
ably w. S Forbes e Company for
undercharges extending over period
of many years. Similar action may
be taken by. the Atlantic Coast Line,
but IT is, not likely that these roads
will sue&the Chesapeake and Ohio.
ueretofore, connecting lines have been
accepting through Bills of lading with
out question, relying upon the honor
OF their freight departments. The
scheme devised by MIR. Gates, mem
her of the Common Council, has been
successfully broken up and exposed,
and there will be more honest deal
in:,s in the future.
Lawyers expressed the opinion yes
terday that the seaboard may be
barred by the statute of limitation If
ii attempts to so back ten years and
seek damages from Mr. Johnston for
the false billing of grain sent out from
here but purporting to have come
through direct via Lynchburg.
There will be less difficulty, however
in demanding a settlement for the past
four years. or from the time the Val
ley swindle was first worked. Colonel
Fl NJ Boykin. division freight agent
OF the Seaboard, testified that his COM
pans was anxious to get the exact
number of cars received from Mr.
Johnston. This will REQUIRE great
deal of work, but the inducement viii
be strong when large sum of money
NAV be the reward THE statement Of
Colonel Boykin that he looked 10 tbs
Chesapeake and Ohio and not to Mr.
Gates for a settlement has been uFet
as basis for report that the CheSa
peake and Ohio would be made defend
ant in a civil action
How Lines Were Flccccd.
What IS known as the Gates device
is easily understood. carload OF
grain originating in the Valley ant
routed via Richmond to North Caro-
lima point carded the through rate TIL
car. when delivered to the Seaboard
for instance. had to be handled by the
latter line at 3 cents per 100 pounds
less than If it had originated in Rich
mond.
AS the Johnston grain did not come
from the Valley, but was shipped out
direct from this city, the connecting
road lost about SIS car, Johnston
naturally getting the difference. Agents
of the Chesapeake and Ohio admitted
under oath that they knew the practice
was unlawful. but that they Were
parties TO the swindle because they
obeyed the orders of Mr.. a. p. Gilbert
assistant general freight agent. with.
out whose authority the cars woult
not have ts6cn. teceived.
In the'cast of w. s. Forbes & Com
pany the violation was less fragrant
although the firm received cars from
the West. changed the contents, thus
falling to preserve the identity OF
shipment, and sent them out again
giving the connecting roads their pro
portion of the through rate, when tn,
full local rate, which was higher
Should have been paid, Johnston an,
Forbes. under the Hepburn law. ar
liable to fine on each and every cas-
of false billing.
Fixing tie Responsibility.
Direct responsibility for this offeus
could be easily made clear If the com
mission should put Mr.. Gilbert on tn
stand. This Will not be done, how
ever as that would make him immun
superior, could hardly be convicted un
less 1t is proved that he had knowicdg
of the swindle. Mr. l., +. sullivan
comptroller, occupies a position some
what different Auditor Enslow, VIII
destroyed the Chesapeake and Obi
records testified that he did so on iii
authority of Mr.. sullivan, and by les
tifying Mr.. Enslow became immune. Nj
Sullivan, however, admitted his respor
sibility in Il signed statement Ha
ne given these facts on the stand il
stead of by letter, he could not !
prosecuted, and yet the case again
him is stronger than the others. NJ
Wickham suggested that Mr.. Sullivt
H. ~, 1