Show ft fE RAilROAD S IS fiNED FO fOR COMPANY fOUND OND UIL TV or Of S S X Off S I If rand M MI I Ion lime Cement Ce- Ce s ment flet Corin o Shipments from Nelson Neso Ariz 9 to Los Angeles red fed a I erill er Judge iLe Wellborn Well Well- d born Imposes fine LOS ANGELES OAL CAL NOV 7 JUDGE ruDGE OLIN WELLBORN IN THE UNITED STATES DISTRICT COURT TODAY FINED PINED THE ATCHISON TOPEKA TOPEKA TO TO- PEKA dr SANTA FE RAILROAD COMPA COMPANY Y FOR REBATING I THE FINE WAS VAS WHAT THE COURT I DENOMINATED AN AN INTERMEDIATE INTERMEDIATE INTERMEDIATE DIATE PENALTY THE MAXIMUM MAXIMUM MAXI MAXI- MAXI MAXI-I MUM WHICH MIGHT HA HAVE VB BEEN ASSESSED BEING 13 AND I THE MINIMUM ruM THE COURT REVIEWED THE CASE OASE IN WRITTEN WRITTEN WRITTEN WRIT WRIT- TEN OPINION OF SOME LENGTH IN WHICH HE STATED THAT THERE WERE SUFFICIENT DOUBTFUL DOUBTFUL DOUBTFUL DOUBT DOUBT- FUL AND EXTENUATING CIRCUMSTANCES CIRCUMSTANCES CIRCUM OUM STANCES TO PRECLUDE THE POSSIBILITY POST POS OF A MAXIMUM SENTENCE SENTENCE SEN SEN- TENCE AND YET SUFFICIENT INTENTION INTENTION IN IN- OF WRONGDOING WAS SHOWN TO MAKE IMPOSSIBLE A MINIMUM PENALTY I The Santa Sinta Fo Fe company was convicted convicted con con- ic d October 31 1 1 b by a jury in ig of oi g granting the Ie bat g s JO the Grand Gra d Canyon Lime Lima Cement company com cont- pany pan of Arizona It was found guilty on all of the sixty six counts dhar e ein in the indictment after but an hours hour's deliberation Rebates tea on Shipments The rebates which were given on shipments of lime and cement from Nelson Ariz Anz to Los An Angeles cles ra ranged in amounts from 35 cents to 1 15 The company compan claimed that these amounts were not rebates s on the regular freight ht rate but were ere in the form of damages to goods shipped which wore allowed after such ouch claims had been re regularly presented and proved pro in each instance The court today did not take that view of the case however and stated that ho was not convinced con by an any means that these amounts represented bona fido settlements of claims Company's Flimsy Excuse It is hard to believe the court continued in its opinion H that that the agents of the corporation on did not know that the they were violating the law In any event such ignorance norance of the tho law is almost equivalent to a criminal knowl knowl- c ed edged ged ed of it t. t About seventy live persons were present present pres ent in the tho courtroom when the fine was imposed Judge Wellborn entered with t his written opinion in in his hit hand After stating that he had carefully considered the caso the judge began began- slowly tho thu reading of his judgment Ho lIo pronounced pronounced pro pro- in a strong clear voice slowly and with repeated emphasis tho the crow crowd following his reading close closely t to catch the first intimation of the tho ar account of the tho fine Tho The court now and paused durin during the reading to mako interlineations interlineations tion in the document ho he was reading which h he ho did with pen and ink pausing i each time carefully to blot the paper Stay of Judgment There was no excitement in the tho room I when the amount of tho the fine fino was an an- Solicitor E. E W. W Camp for the company immediately moved a stay of judgment which was required returned he said by b the time necessitated necessitate in preparing the defendants defendant's bill of exceptions Counsel Counsel Coun Coun- sel indicated that January 1 would suit them for a n limit ou ow the ata stay United States District Attorney Lawler Law- Law ler Jer objected to toso so so long Jong a time an and Judge Wellborn fixed the sta stay at thirty da days s with the tho privilege of an nn extension if a sufficient showing should be bo n macro aae in inthe inthe the tho court at that timo Tho The court then peremptorily called the caso ease on the he docket None of the Santa Fo Fe officials dials was present today th the company compan be being ng represented by br Solicitor Camp and Attorney Van Cott Cotto |