The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1911-11-23
FEDERAL. COURT

Indictments to the humber Of slv
were returned yesterday afternoon
by the grand jury in the Federal
court against the Norfolk and West
ern Railway Company. The charge
Is rebating, or in other words DEPART
ing from the regular schedule pre-
scribed by tho company to it's pa
irons.
Inc same number Of indictments
We're found against James G.. Cassell
and H., c. Elliott, of Roanoke, Va,
these being joint indictments found
IN conjunction with those against
the railway company on the informa-
tlon adduced by Joseph w. Coke,
comptroller Of the railway company,
VINO was summoned to appear before
the grand jury at the instance of
United States District Attorney Har-
Old W.. Ritz. The information CIV
en- by Mr.. Coke was sufficient for the
return OF the indictments against the
company and the same number
against the two individuals.
The minimum penalty against[the
TWO men and against the company
Is $4,000 and the maximum penalty
against them Is $4,000. The for
mer Is likely to apply as this is the
nrst time in the history Of the state
that the question has been raised as
to the limits that are to be recog-
nlzed by the concerns dealing with
corporations and the limits by which
the corporations are to be regulated.
Messrs. Cassell and Elliott were
identified with the railroad company
In the. connection termed "boarding
Bosses" 1t is held by the retailers
or Blueteld, who were affected by
their operations that Cassell and
Elliott were operating in restraint
OF the trade Of the regularly conduct
ed retail establishment when they
supplied the hands on the road with
supplies such as are on sale in the
regular retail places. No complaint
-Was-made Whenthe goods were sup
piled to and from the regularly es-
tap1shed warehouses along the rail
road and the attention of the Inter-
state Commerce Commission was
called to the alleged violations of the
law when the general public was SUP
Piled therefrom. The investigation
which followed caused change in
the methods employed and then Cas-
sell and Elliott retired as agents in
terfering with the trade Of regular
retailers and some delay was caused
IN bringing about the indictments.
The retail merchants of Bluefeld
were the ones most affected and they
brought about the investigation
which induced the indictments re-
ported at this term Of the United
States Court. Cassell and Elliott
are alleged to have not been salts
lied with maintaining warehouses in
which to store the goods shipped
gratuitously over the Norfolk and
Western, but later became engaged
IN the retail business which permit
ted them to sell to all corners their
goods at a rate similar to that which
the ordinary retailer had to pay for
his goods bought at WHOLESALE and
shipped over the lines Of the Norfolk
and. Western at the regular rates as
are shown on the schedule.
Stopped the Practice.
The practice was stopped some
time ago and the Bluefeld mer-
chants became satisfied with condi-
tons, but the commerce commits
sion bad been working on the mat
ter and had Mr. Coke summoned as q
witness before the present grand
jury. The indictments we're found
On the strength Of his testimony and
1t was shown, it is said, to the jury
that both the railroad company and
the two men, Jointly, were entitled
to indictments to the number Of six
The evidence adduced brought out
only eighteen instances Of where
the violations Of the interstate law
had net been adhered to and the as
sumption is that the court will i'm
pose only the minimum penalty for
both the company and for Cassell
and Elliott, but such is only contec-
ture. The cases will be of wide in
terest for they will decide some of
tsI iidues fiofls that have