CHICAGO & ALTON RAILWAY COMPANY v. UNITED STATES; FAITHORN v. SAME; WANN v. SAME

CHICAGO & ALTON RAILWAY COMPANY v. UNITED STATES. FAITHORN v. SAME. WANN v. SAME. CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE ¡SEVENTH CIRCUIT.. Nos. 238, 239, 240. Argued October 21, 22, 1908. Decided January 4, 1909. This co.urt by a divided court and without opinion affirms the judgment of the lower court holding a common carrier guilty of violating § 1 of th'e 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. Straum were on the .brief, for petitioners. - The Attorney General and The Solicitor General for respondent. - - [MAJORITY — Per Curiam:] Per Curiam: Judgment affirmed by a divided court, and causes remanded to the District. Court of the United States for the Northern District of Illinois.