New-York tribune., 1918-07-27
Charges of "Train Deliv-
cry" May Cost Company
$17,32O,O00
Two True Bills
Against Defendant
Use of Messengers Instead
of Wires Brings Action
In Federal Court

The Western Union Telegraph Com
pany, whose business will come under
government control beginning Wednes-
day at midnight, yesterday was indiSt-
ed by the Federal Grand Jury as re-
suit of disclosures that it had made
practice of transmitting kilograms
By train, that it kept a special bureau
to handle these "train" kilograms, and
that from August 2, 1917, to June IS,
1918, 346,417 kilograms were thus dis
patched by train to and from New
York.
Two indictments were found against
the corporation. The first Indictment
covers charges that the Western Union
maintained private express in COM
petition with the government mail SER
vice between New York and Boston,
and Baltimore and New York and
Washington and the reverse routes.
The penalty under this indictment may
be $500 for each violation.
Penalty May Be Severe
The second indictment contains three
counts which charge that the company
violated the law by sending on trains
in the care of messengers night let
ters" which it professed to be sending
by telegraph. AS the penalty may be
$50 for each violation under this sec
ton, il was figured yesterday that if
the government sustained its charges
in the case of all the 346,417 messages
which it alleges were carried by train
the maximum aggregate penalty might
be SlI,32U,SoQ.
Specifically, the indictments pointed
out three alleged violations to be treat
ed as test" cases. These were might
letters" sent last June-one from New
York to the Wheat Export Company,
Baltimore, signed "Thomason"; one
from New York to Howe & Howe, Bos-
ton, signed Gordon Z. Howe" and one
mercial Security Company, New York,
signed Commercial Motor Company"
Explaining the plan alleged to have
been adopted by the Western Union in
conducting it's train" telegraph SER
vice, Assistant United States District
Attorney Harold Harper yesterday gave
out statement in which he said New
comb Carlton, president of the COM
pany, and W. n. Fashbaugh, a vice
president, had assisted the government
IN examining the company's records.
:ast year the company placed Edward
j. Aiston, supervisor, in charge of a
department which was to handle the
training" of kilograms.
What United States Charges
The governments statement con-
tinues:
Messengers were sent practically
nightly to Boston and Washington
This was done except during the
period from October 81, 1917, to De-
cember II, 1917, and except when the
trains were being delayed by storms
in January-that is to say, from Jan
uary 2 to January and from Jan
uary 9 to January Is, 1918. They also
were sent occasionally to Buffalo, and
very frequently to nearby points, in
cluding the large military canton
ments, Camp Upton, Camp Mills and
Camp Merritt. Only one messenger
was sent upon a train. When he was
required to make delivery at inter
mediate points, such as at Philadel-
phia, Baltimore and Wilmington, he
would turn over the parcel of tele-
grams TO messenger who met the
train.
Upon the messengers return he
would, in a similar manner, collect the
messages for New York The messen-
ger dispatched to Boston made stops
at Springfield, Providence and other
lnterme diate points to where the
traffic might be heavy This practice,
however, was discontinued about four
months ago after the Boston package
mad been stolen from one of the boys
at Providence. With the exception of
this theft, there seems to have been
no serious interruption Of the trans
m Of ~ ny
except that occasionally there was q
failure of the boys to meet at Phila-
delphla or Baltimore, and messages
were carried all the way to Washing
ton and back again. In the case OF
al messages sent in this manner a
copy was retained at the Office from
winch the message was sent, so that,
IN case the company was apprscd in
Vme OF an interruption of its train
service, the messages could be trans
mitted by Wire in the usual manner.
From records of the company,
which do not seem to be quite COM
pete, 1t appears that from August
z. 1917, TO June Is, 1918, both inclu-
slve the total number of messages
dispatched by train from and to New
York was 346,417.
Bulk of Work by Train
Last May alone the government
charges, 66,424 might letters" or one
tenth Of that class of business to and
from New York, were sent by train,
vhile between New York and Boston
s'-ne one-third of the might letter"
BUSINESS was done by train.
President Carlton was out of the
city yesterday. II. w. E. Atkins, first
president said the company had
no comment to make.
tors seized might letters" which were
Ipelng carried on trains by Western
Union messengers, and this started
proceedings which resulted in the in
dictments.
Crushed tn Death hv Cav