The Birmingham age-herald., 1910-10-27
TESTIMONY GIVEN
 ON REBATE EVILS Western Freight Rate Hearing
 Is Very Lively REFUSAL TO TESTIFY
Interstate Commerce Commission Attorney Cannot Make Witness Tell Name Of Man Who
 Got Rebates

Chicago, October 26.-Rebating as prac- ticed by carriers and shippers prior to 1900 and the passage of the Hepburn act was the principal theme of discussion at the afternoon session of the western freight rate hearing today before the interstate commerce commission.
 At one time the cross examination, which in the morning had been con- cerned with the burden of work borne by farmer boys in Iowa, veered around to a specific demand of the names of the railway officials and. shippers con- cerned in rebating before 1906, of which the witness, w. P. Trickett of Minne- apolis, said he had personal knowledge.
 Attorneys for the shippers protested that the desired information was not ma terial. that the commission in a number of cases were informed of the practice of relating. but counsel for the railroads stuck to his question: The tense situation was relieved when the witness dodged the issue by declining to give the names.
 T will not give in public the names of the officials of the great western railroad who gave the rebate nor of the ship pers who received it," said MT. Trickett. T cannot-two of them have been passed on. I can give you contacts showing rebates; or, can comply with the sug- gestoion that I give you the information in writing, but I must decline to name them from the stand.'
 The demand was pressed no further hy Attorney J. B. Payne, general coun- scl for the Chigago, Great Western rail- road, after the positive refusal to testi- fy of the specific transaction.
 The question of rebates came up in connection with the preceding witness, H. c. Wilson, transportation commits sioner of the Kansas City Commercial club. Discussing different advances in rates since 1901, Mr. Wilson testified that in 1906. after the passage of the Hepburn act. freight rates were advanced and he estimated that prior to then rebates on many articles transported from the At lantic seaboard to Missouri river points amounted to 40 per cent of the regular tariffs. MT. Wilson testified lie had no personal knowledge of the giving of re- bates and therefore could give no spe- cific instance.
 MT. Trickett, who Is executive man. ager of the Minneapolis Traffic associa- ton. agreed with MT. Wilson in the 40 per cent rebate estimate, and declared he had personal knowledge of the giving Of rebates in some instances, having act ed for the carrier, in others for the ship per of the commodities and in others for both carrier and shipper.
 Are you speaking of your own per sonal participation In this rebating?' asked Attorney Payne.
 T am," was the reply of MT. Trickett.
 Gan you give specific instance?"a
 ''I can, in which I acted for the Great Western road"
 ''Give more specific instances"
 Commissioner Lang suggested that the instances be submitted In writing to Att torney Payne.
 Attorney Payne insisted on a specific answer until positive refusal to testify on the stand was returned.
 In addition to bringing up the subject of rebates, MT. Wilson introduced tabu- lations showing increases in the minimum weight of carload lots, which he con- tended operated to the disadvantage of some shippers, of changes in classifca- ton of commodities and of advances in commodities and in commodity freight rates.
 MT. Trickett. after agreeing with the preceding witness estimate of the per- centage of rebates, also introduced sta tistics showing advances in freight rates to and from Minneapolis and St. Paul.
 For the first time in its history the western trunk line committee early this year, in arranging a revision of freight rates, included inbound and outbound freight of the Twin Cities" said Mr Trickett.
 Time for analysis of the tabulations of the alleged advances was allowed the railroad attorneys.
 Shortly before adjournment P. J. Mo Yam, manager of the traffic bureau of the Omaha commercial club, was called to the stand. After detailing his railroad experience, which began in 1885, he said he had heard the testimony of F. E. Ward, general manager of the Chicago Burlington and Quincy railroad, who, he lands owned by the railroad at $150,- 000o 900.
 1T paid particular attention to his tes- timony relative to the reproduction value of the Omaha terminal lands of the road. which he placed, I think, at $500, ,000," said MT. Mcvann.
 1T have investigated and have found that the assessment on the Burlington road on the Omaha terminal lands thi( year was sS31, ,2o5."
 The testimony of MT. McVann was stopped at this point by the adjourn ment of the hearing until tomorrow morning. when he is expected to resume the stand.