Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1909-01-07
AL TON RELATING
FINE is UPHELD
DECISION HANDED DOWN IN $50,
900 CASE BY UNITED STATES
SUPREME COURT.

Washington D. c., Jan. "a de.
cision of Judge Grosscup OF Chicago,
wherein he upheld the lower court de-
cesion which resulted III a fine OF
100000 being imposed upon the Chi
cago and Alton railway compan NY. John
N. Faithorn, and Fred A. Wann. was
affirmed yesterday by the supreme
court.
No opinion OF the court was render
ed for the reason that there was an
even division OF justices, four being
in favor of everything Judge Grosscup
and the lower court. and four being CD
L posed to any change i'll his decision.
Under the rules OF the court, there
fore. the decision OF the case from be-
low remains unchanged.
The petitioners We're Jointly con
victed Of violating that part of the FL
lSins act which inhibits the giving of
any rebate in respect to Transports
ton of any property in interstate COM
merce. whereby any such property
shall by any device whatever he trans
ported at a less rate than that pub.
lished and filed
Shippers interested in Case.
Chicago. Jan. s. - The case
was watched with interest by
railroads and shippers throughout
the country. concerning as it does ev-
cry switchtrack. TO every commercial
plant The decision-a tie--leaves
some uncertainty as to what the law
is. Justice Moody did not sit in the
case because the suit was instituted
by him while he was attorney general.
That left the unusual condition of a
to opinion.
The suit involved charge of max
ing a concession to the packing firm
of Schwarzschild & Sulzberger on
shipments of packing house products
from Kansas City, Kan, to eastern
points.
The packing company has mile
and a half of railroad track in connec-
ton with its plant The Chicago &
Alton company repaid to the packers
81 a car for the use of these tracks
and entered the payment on it's books
as a refund on account Of terminal
charges.
When the case was before the trial
court, which was the United States
4 circuit court for the northern district
of Illinois the company made an effort
to show that the transaction was en-
tirely legitimate. but the jury found
these tracks were merely facilities
of the packing plant and not subject
to the use of the railroad in discharg-
Ing its duties to the general public.
Three Courts Decide the Same.
The company and its officers were
therefore found guilty of granting re-
bates and fine OF $4,000 was i'm
posed on the company and a fine of
$4,000 each on Faithorn and Wann.
The court of appeals sustained that
verdict and the supreme court al
though 4 to technically affrms tina,
decision.
Attorneys for the Alton road in their
arguments and briefs pointed ont that
the dollar a car refunded merely
amounted averaged on q period ex-
tending over four years. TO interest
on the cost of the switch tracks which
were owned by S. & s., and that this
payment was made because usually
the railroads themselves built the
switch tracks The attorney genera,
agreed that this was true. but contend
ed that the furnishing of the track ia
ciIities in itself was a rebate.
1t was this point that both shippers
and railroads desired to have cleared
UP by definite decision by the court
of last resort Railroad attorneys
were not satisfied last night With the
tie vote Of the supreme court, claim
Ing the matter was thus lett In an I'm.
settled and confusing state.
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