Show DENIED I 1 alforn I 1 lil indictment was fatally I 1 I 1 I 1 trw york may hay defective i judge r brown rown in I 1 j 1 ati N I 1 united states stales circuit court today to day 4 d the application a for a writ of I 1 rea 1 b oval in tile the ca case ae of 0 collin r P huni 1111 11 11 president 0 of the southern pa d cefic company indicted in ill C for totaling the interstate commerce can c an law III I 1 baning given a pass ive the southern Fou thern pacific hallway Itai luay to a man stone fi budge brosin denies the application on iiii J ithe llie ground that the indictment Is I 1 t totally fatally detective defective in not UNIT that iny any use UM was ever made 0 of the or nr attly was waa ever fat nish 1 I under it the judge holds that various provisions of 0 tho the act itself rulings anil and adjudications of 0 the I 1 liter state commerce commission leave no doubt whatever IT that t alio ile act I 1 1 intend pd to deal balth ith 1 on ard and f thit that th it nothing tn in the act makes c criminal rin ninal the mere 0 of free roe tickets or pama ab that are never use used d free tf alck 11 k 1 mo tl or a pass not used la Is not transportation 4 por tation and Is in not preference or of ad to the holder nor any poeju dice dl or r alad antnie to others this precise point akas vi as adjudged by tile the t commission in III the case of griff ir P the burlington railroad company so no other adjudication has ever 4 heva been made i folet in ON connection judge brown brow I 1 1 M 11 II the cases cited by the gov f from the reports of the interstate i commission show on e tint that we are all dealing with free car and free transportation not with I 1 tree free tickets t I 1 tills this indictment by describing a arf if pata pass ITS as a writing prevents any impossible construction of the words of indictment to bp be in an all unlawful sense free ret transportation anil and as it dora does not charge any transportation it Is not to put tile the defendant on trial sni sn nil I therefore the application tor for re tiow must bo be denied |