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Show REBATE CASES MOVE SLOWLY Suits Against Chicago, Burlington & Quincy Are Begun. KANSAS CITY, Juno 12. The case of the Chicago. Burlington & Quincy Railroad Rail-road company, cnarged with giving rebates re-bates on export shlpmenta of packinghouse packing-house products to Armour & Co., Swift & Co.. Cudahy & Co., and the Nelson-Morris Nelson-Morris company, waa begun ln the federal fed-eral court horc this afternoon The caaes, which aro practically Identical, wcro combined for trial purposes. Judgo Smith McPherson presided. Facts Agreed Upon. Both sides agreed to a statement of facts, In which it was admitted that a contract existed betweon the Burlington Burling-ton company and the packers by which tho freight of tho latter waa to be carried car-ried at a through rato of about -19 cents Kansas City, Kans., to Liverpool and other foreign points. It also was agreed that no auch rato was published and fllod with the Interstate Commerce commission. com-mission. Leslie Lyons, assistant district attorney, attor-ney, in his opening statement to tho Jury, said that this rate, which. It would be shown, waa glvon by the Burlington, the Lehigh Vnlloy railroad, the Grand Trunk & Western, and the Toledo, St. Louis &. Western, waa a conceulson In regular tariff. A verdict of cullty would, he aald. bo expected. Contention of Defendants. Judlge O. M. Spencer of St. Joseph, who represented the Burlington, contended In his opening statement, first, that tho contract con-tract waa a valid instrument, and, second, sec-ond, that thero was no through rate from Kansas City; Kans., to Now York, Joint or published, to which tho Burlington Burling-ton was a partv, and hence no concessions conces-sions could havo been mado bv It on East linos' rates or from tho rates of some road other than Its own road and own rates. If tho defendant railroad was guilty of anything It was guilty of falling to publish Its contract rato. If It had published It then no violation of law could have resulted from a shipment under It. Tho Indictment, he contended, Is for deputing, or giving concessions from a published Joint rato when no such rate, he asserted, waa In existence. Question of Tariffs. Georgo T. Roberts of Washington, assistant as-sistant auditor of the Interstate Commerce Com-merce commission, the first witness called, produced tariffs of all the- roads concerned covering the period In question. Trafllo officials of the Burlington, the Lehigh Valley, the Grand Trunk and the Toledo, St. Louis and Western, and others will be oxamlned tomorrow morning. |