Opinion
Nos. 238, 239, 240.
Argued October 21, 22, 1908. Decided January 4, 1909.
This court by a divided court and without opinion affirms the judgment of the lower court holding a common carrier guilty of violating § 1 of the Elkins act of February 19, 1903, c. 708, 32 Stat. 847. The contention of the carrier was that the amount paid to the shipper was for use of tracks owned by the shipper, although there was no reference thereto in the published rate.
Mr. Blackburn Esterline and Mr. Ralph M. Shaw, with whom Mr. Frederick S. Winston, Mr. Robert Mather, Mr. John Barton Payne and Mr. Silas H. Strawn were on the brief, for petitioners.
The Attorney General and The Solicitor General for respondent.
Judgment affirmed by a divided court, and causes remanded to the District Court of the United States for the Northern District of Illinois.