The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-19
UNCLE SAM TAKES
INTEREST IN SUIT.
Government Watching Effort
of Railroad to Recover Ex-
ira Freight Charges.
MAY CREATE A PRECEDENT
SUM SMALL, BUT PRINCIPLE
CONSIDERED IMPORTANT.

Under the belief that the Oregon
Short Line Railroad company has vio-
lated some of the agreements with the
interstate commerce commission in
hauling hay from one state to another
at tariff rate not on file with the
commission, United States District At
torney Hiram Z. Booth has been in
structed by Edwin A. Moseley, secre-
tary Of the commission, to represent
the government in the suit of the Short
Line against the Consolidated Wagon
q Machine company, which started
yesterday before Judge NJ. L. Richie
of the Third district court, and will be
continued this morning at 10 o'clock.
The suit was filed by the Short Line
last year for $l52.7S, claimed to be the
discrepancy between the freight
charge for the shipment of hay and the
tariff rate Of the railroad. Though the
amount is trivial the principle and
precedent are considered most impor-
tant.
District Attorney Booth appeared in
court yesterday and asked to be en-
tered as attorney for the government
in the action, on the. belief that some
sections Of the interstate laws have
been violated. Judge Richie stated
that the United States district attor-
ney could be entered as associate
counsel for the Consolidated company,
but he would not rule upon the ques-
ton as to whether he could be en-
tered as representative of the govern
ment. This point viii be settled by
the court this morning when the case
is resumed.
VIII Establish Precedent.
1t is contended that this will prac-
ticaily establish a precedent in the
courts throughout the country in case
the United States district attorney is
allowed to enter his uame as such in a
state court Colonel Booth stated yes
terday to the court that there were
some features Of the trial which had
come to the attention of the interstate
commerce commission, and that he had
received instructions from the attorney
general of the United States to guard
the governments interest in the mat
ter.
On October Is, 1908, the Consolidated
Wagon & Machine company shipped
twelve cars Of hay from Spencer, Ida,
TO Yellowstone, Mont. The rate given
was IA cents per 100 pounds. Last year,
however, the Short Line company filed
cuAI III TIE ulSlIlCI court mere fCr
$l52.7S, which it was claimed was still
due for freight 1t was contended by
the railroad company that the pub
lished rate and the one on file with the
interstate commerce commission was
for IS cents per 100 pounds.
1t was claimed by George A. Smith,
attorney for the Short Line, and p. l..
Williams, chief counsel, that there was
an error in this matter and that the
Short Line company is compelled to
bring the suit to keep faith with the
interstate commerce commission, or be
subject to a serious penalty, for viola
ton of some of the regulations. Both
attorneys made strenuous objections
to the appearance Of District Attorney
Booth as an agent of the government.
We have tried for a long time to get
the real tariff rate charged hv the
Short Line for similar hauls," said
George T. Odell. general manager of
the Consolidated Wagon & Machine
company. last night, but it was not
until this year, 1910, that we had the
l9-cent rate in our possession. though
the shipment Of hay and grain was
made in 1908, and the suit was not
brought by the Short Line until last
year."