The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-08-05

compelled to refuse admission to all
late corners. The government was
represented in the courtroom by Unit
ed States District Attorney Sims and
by Assistant District Attorney Will
kerson. The only attorneys of the
Standard Oil company present in the
courtroom were Attorneys Eddy and
inent part in the actual trial of the
case. Attorney Miller, the leading
counsel for the Standard OIL company,
is in Europe and his chief assistant,
Moritz Rosenthal, is in New York.
Only few of the lesser officials of
the Standard Oh company were in the
courtroom. -........,
Court Reviews the Charges.
Judge Lands, in his decision, said
1t was proven in the trial that the de-
PENDANT, corporation Of Indiana, op-
crates an oil refinery at Whiting,
Ind, that the Chicago and Alton Rail-
way company corporation Of ILL.,
nois, operates line Of railroad from
Chicago to East St. Louis, Ill. Prior
to the occurrences on which the prose-
cution was based the Chicago and AL
ton company had filed with the inter-
state commerce commission showing
the rates for the transportation OF oil
In car lots from Whiting to East St.
Louis to be 10 cents per 100 pounds.
The court says it appears at the hear
ing that the defendant shipped it's
goods from Whiting to East st. Louis
for 6 cents and ~ cents to St. Louis.
The defense argued that the Elkins
law authorized the prosecution for
but one offense and maintained that
there could be conviction on only
one count The court held that the
law Is violated every time any prop
erty is so transported, as the legal
rate was established by the railroad
company on car lot basis. The un-
lawful Scent rate was granted and
accepted on that basis. AS to the de.
PENDANTS claim that the representa-
tions by the Alton road had misled it
into the sincere belief that the Alton
Scent rate had been filed with the
interstate commerce commission the
court held that as the law required the
carrier to keep the schedule at it's
freight Office for public inspection 1t
was the defendants duty to ascertain
At the railroads Office whether the
rate was SO fixed and it being for the
Jury to determine whether testimony
exhibited the truth of the transaction.
The jury having found verdict of
guilty it became the duty of the court
to fix the punishment I'd.
on Trust Real Defendant. ".
The court then reviews its action in
determining what corporation held
the stock Of the defendant Standard
Oh company of Indiana. This demon
strated that very large proportion of
the stock was held by individuals for
the stockholders OF the Standard Oil
company Of New Jersey, which has
outstanding stock Of approximately
500, 100000.
The court discusses at-length the
various defenses offered by counsel
and says the nominal defendant is the
Standard Oil company OF Indiana, q
e1,OOO,O00 corporation. The Standard
OIL company of New Jersey, whose
capital is $100,O00,O00 is the real de-
PENDANT. This Is so for the reason
that II body Of men organize a large
corporation under the laws of one
state for the purpose OF carrying on
business throughout the United States
and for the accomplishment Of that
purpose absorb the stock OF other cor
porations such corporations so alb.
sorbed have thenceforward but NOM:
inal existence. They cannot initiate
or execute any independent business
policy. The court then passed the
ipdEmsnt as follows: