The chronicle=news., 1913-05-17

that nm official OF a corporation had
been to such an extent held liable OIL
an ne, OF the corporation. thus i'm
pressing III. governments attitude
toward thos" officials Of u corpora
tion considered responsible for i,f
acts.
That II was his purpose To impos.
n sentence which would serve as ~.
example to others was distinctly stat
ed by Judge Hoiiistcr before finally
nronouncins sentence. He reviewed
some OF the evidence which had beer
introduced by the government. and
referred particularly to the statement
ot the Government officials that NJ.
Well had been warned both by rail.
road officials and Government In.
spcc,ors to discontinue mlsbiilins
shipments. .r4..
He also referred to n siatemeI,
accredited to n former shipping clerk
at the plant OF the Louis Lipp Com
pany. that the former clerk had
warned Mr.. Well at the time the ia.
dic,ments charging misbillIng WEI
returned against several Cincinnati
corporations year ago last Fcbru.
ary and that he had called Mr.. Well :
attention to lines which had been
imposed l'y the court against these
violators Of the law. Judre Hollis
ter also referred to the attitude tax
On by Mr.. Well nj that time. when
according to the shipping clerk. h.
stated that the company's savings In
freight bills would. amount to more
than the fine should they be caught
The court then touched upon tho
unfairncss OF the acts charged
against the company aud We'll. he
stated that the practice OF undcrbill-
ing was unfair to the railroads and
also unfair to competitors. He de-
clarcd that the claim of the dcfcnr"
that II had been compelled to prac-
'icc misbilling to compete with the
so-called bath tub trust. was no de-
fence. That two wrongs does net
make a right was held b.; the cour.
and he alsosstated that the tendency
Of the present time is toward honesty
in business as well as in private life
After sentence had been prc
n,unced upon We'll. his attorncr
made u strenuous effort to have tn.
Court suspend the same. Attorucy,
Schaffer and Dinsmore and Shohi
who with John Weld Peck represent.
cd the defendants. pleaded witt
Judge Hollistcr for nearly three quar-,
tors of m hour to keen their clier
out of Jail. without effect. The
court did. however. grant We'll >
week In which to prepare his bust.
ness affairs for his enforced absa a =,
and permitted him to have his free.
dom during this period under the
bond for $1,000 given at the time he
was arraigned.
We'll and Lipp with their attorn'
cys made their appearance before
Judge Hollister in the United State,
District Court. a plea of guiltysw
entered to the % counts of the Incl
dent. Attorneys for the government
, then gave the court n statement %
he facts in the case. They set on
the charges of the Indictment IL
which the two defendants are alleged
to have violated the Interstate Com
merce act in making false statement
upon railroad bills of lading as to tn,
| weight of merchandise desired to b,
shipped in Interstate commerce, 70
| the purpose of securing transporta
ton at less than the regular pub
lished rates. An affidavit Cf form
er shipping clerk of the Louis Lipl
company was also submitted to th
court as evidence that Wells atten
| tion had been called to tho activtic
of the Government officials in get
ting after violators of the federal Law
and that he had replied that there /
10 use of crossing a bridge until W.
get to IT."
Attorney Peck made a plea for TIL
! ipfpuInntc Il ctofoI tInt