Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-06-27


To Call Many Witnesses - Court
Quizzes Rate Clerk Other Import
ant News.
Chicago, June 27.-John D. Rookie
Teller, H. Fl. Rogers and other mag
mates of the Standard Oil company,
will be summoned as witnesses in the
United States district court by Judge
Lands.
This developed after the court had
made several unsuccessful attempts to
obtain information concerning the
financial standing OF the Standard OIL
company CT Indiana and it's exact rela-
ton to the holding corporation of New
Jersey
The suhpoenas will be issued today
and will be made returnable July 8,
when Judge Lands will renew his eff
fort to gain the information upon
which he hopes to determine the
amount Of the fine to be assessed
against the Indiana corporation with
the Chicago and Alton rebate case.
Before directing the issuance of the
subpoenas the court directed blow
at the oil combination by abruptly
overruling the motion for, a new trial
presented by John S. Miller, chief
counsel for the defendant corporation.
Those who will be summoned to APP
pear before Judge Lands and lay bare
the financial secrets of the Standard
Oil company include, besides Mr. ROCK
efeller and Mr.. Rogers. w. II. Tilford.
treasurer of the Standard OIL company;
c. M. Pratt, secretary of the corpor-
alton and j. A. Moffett, president and
G. w. Stahl. secretary and treasurer,
of the Indiana company. w. 2. CoWan,
vice president of the underlying cor
poration also may be served with a
subpoena. as will II. e. FELTON,, presi-
dent Of the Union Tank line.
The new turn In the governments
fight against the oil trust came after
Attorney Miller declined to submit re-
plies to inquiries put by Judge Lands,
declaring that the courts questions
WERE extrajudicial and not pertinent
to the issue involved.
The court listened to the argument
by counsel and then turned
to his minute clerk:
You may issue subpoenas for the
president, secretary and treasurer of
the defendant company and for the Of
Hcers. directors and managers of such
holding company as counsel for the
government may indicate" he directed
The announcement came as a sur
prise to MI. Miller, as well as to doz-
ell or more railroad men in the court
room There was silence for a moment,
and then Mr. Miller spoke.
your honor" he said, "the defend
ant interposes an bjection--first, that
unless this is to be taken into consid-
GRAFTON on the question of motion for
a new trail, it is incompetent on the
ground that there is nothing before the
court justi,ying such an inquiry; sec
ondly, that whatever was done by the
Alton Railway Company, not by the
defendant, and for that reason such
facts must be incompetent as against
the defendant"
your fiji st point is well taken" said
Judge Lands "and the motion for d
new trial will therefore be overruled."
The courts decision on the motion,
which may mean thousands of dollars
in fines to the oil company, appeared
/. on A hnc
in the courtroom. District Attorney
Sims half rose from his seat, while Mr..
Miller stood as tho transfixed, and
turnout the courtroom intense silence
prevailed.
Later Judge Lands explained to the
LAWYERS his reason for directing the is
suance of the suhpoenas.
cit was done on the theory that the
real owner of the property was the
real defendant" he said. Congress
has imposed the obligation on the
court of fixing the punishment and a
broad latitude is given the court by
the act. That discretion cannot be jul
exercised unless the court has
the necessary information"
Frederick S. Holland, late clerk for
the chicago " AlloIl FdilIodu SOIi-
pany, passed an uncomfortable half
hour on the witness stand. while Judge
Lands personally conducted his exam
nation The witness was questioned
about the scent tariff rate
What roads quote rates of this
demanded Judge Lands,
who sought to throw some light on the
freight rate between Chicago and East
ST. Louis.
"All the roads out of Chicago" re-
Piled Holland.
Well" persisted the court, give fig
ures and rates that are not shown in
the files and the reports Of the inter-
state commerce commission"
Il should say every road" said Hol-
land. repeating his former answer, and
railroad men seated in the court room
squirned when the court. raising his
voice, demanded specific reply to his
question. The witness said he was un-
able to give the information asked by
the court.
SUBPOENAS OUT TODAY.