Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1907-08-08

that the Chicago Terminal Transfer Rail-
road company operates n switching road
from Whiting across the State line into
Illinois. intersecting the Alton road at n
station called Chappolc, short distance
from Chicago; that there are three COM
panics operating terminal roads from
East st. Louis. H., across the Mississippi
river to St. Louis. Mo; that prior to
the occurrences upon which this prosecu-
ton is based the Chicago e. Alton COM
pany had flied with the Interstate Com
mcrcc commission and distributed to its
various freight agencies tariff schedules
showing the rates for the transportation
of oil In car lots from Whiting Ind.
to East ST. Louis to be is cents per hum
dred pounds and the rate for like trans
portation from Chappelle to St. Louis.
Mo, to be 10 1-2 cents per hundred
pounds.
The court says it appeared at the
hearing that the defendant shipped It's
goods from Whiting to East St. Louis
for six cents and 1-2 cents to st.
Louis The dealings of the Standard
Oil company We're exclusively with
the Chicago & Alton, which rendered all
bills for the through service.
THE DEFENsE's ARGUMENT
The defense argued that the Elkins
law authorized the prosecution but OF
one offeuse and maintained there could
ie a conviction. The court held could
he but one conviction. The court held
that the law is violated every time any
property is so transported. as the legal
rate was established by the railroad COM
pany on a car lot basis The unlawful
six cent rate was granted and accepted
on that basis AS to the defendants
claim that had misled it into the sincere
belief that the Alton six cent rate had
been filed with the Interstate Commerce
commission, the court held that as the
law required the carrier to keep the
schedule as its freight office for public
inspection, It 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, 1t became the duty Of
the court to fix the punishment.
The court then discussed the evil
dence offered by the defendants to
the effect that during the period COW
cred by the Indictment. the Chicago
& Eastern Illinois Railroad COM
pany published an open rate of IA
cents from Whiting to East St. Louis.
The court held that this fact should
be considered in mild mitigation If
true although inadmssible before the
jury as TO guilt or innocence, and the
court. after verdict had been given,
directed the production of all sched-
ules by that railroad. From these It
appeared that the Eastern Illinois, in
connection with other railway COM
panies, ISSUED and filed with the com
merce commission a class tariff and fixed
the rate at IS cents from Chicago to East
ST. Louis. on October Q, 1905 the Eastern
Illinois company filed with the commits
sion its commodity tariff fixing a rate
of IA cents on oil from Dalton, H.,
to East St. Louis, and providing that
out of this rate a switching charge of
not to exceed three dollars per car
would be absorbed on shipments from
Whiting, Ind On July !, 1903, 60 days
prior to the beginning Of the period cover
ed by the indictment in this case, the
Eastern Illinois issued its joint tariff
No. 1879