Show SANTA FE HAS A GRIEVANCE President Ripley Criticizes Federal Judge Wellborn for Fining Pining the Road for Rebating Chicago Nov 30 In a signed state statement statement statement ment in the current issue lue of ot the Rall RaIl RallI RaIlway j way Age E P Ripley president of ot the I Santa Fe road has taken to task Judge Wellborn of the United States court at Los Angeles for having fined the rall rail rallI railroad I road for payment of ot rebates After giving a long explanation of ot oft the case to show sho that it was a mistake t of a clerk and one of which the officers of the company com pan were ere unaware and saying that he e believes the court to toI have erred from a misunderstanding of I the conditions and not from a desire I to be sensational Mr Ripley says I refrain from comment except to put before business men these questions What Incentive had tho the clerk dork to violate the strict orders from his superiors to conform to the law If there was no Incentive Is It more than a fair fall presumption that he did not Intend to violate the law If It without incentive and without Intent he did under a strict technical con construction construction violate the law to the ex extent extent extent tent of paying should his employ ing company the officers of which knew nothing of the transaction be I mulcted for Dees the punish punishment punishment punishment ment fit the crime I Ruling Los Angeles Cal Cat Nov 30 It is not j fitting that I should reply to the state statement statement statement ment of Mr Ir Ripley said Judge Olin Wellborn Veil born whose attention was called to a dispatch from Chicago quoting a criticism of the federal judge published in the Railway Age I do not con consider consider i sider eider it proper to pay attention to such criticism but the record of the trial I speaks for itself j Judge Wellborn designated a written ruling on motion of the government gov at attorney attorney attOrney torney to exclude evidence which tend tended tended tended ed to show that the rebates were given in compromise on account of claims for goods lost in transit and not in dis discrimination crimination in favor of tile preferred shipper against its competitors In the ruling referred to Judge Well Wellborn Wellborn born said saidI I 1 hold that the acceptance by the defendant of or a less sum of money than I that named in its tariff tarl for the trans transportation transportation transportation of the property described in inthe inthe I Ithe the indictment in if It there has been such acceptance was a departure from the le Ic legal gal rate and that it is no justification for a departure nor noris is it any defense to a prosecution that the acts of the carrier were done in compromise for loss of property in transit |