The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-08-04

zone thing remains. 1t must not be
assumed that in this Jurisdiction these
laws may be ignored. If they are not
obeyed they will be enforced. The plain
demands of justice require that the facts
disclosed in this proceeding be submitted
to a grand jury with view to the con-
SideTatiOn of the conduct of the other
party to these transactions. Let an order
be entered for a panel of sixty men, re-
turnable at 10 o clock on the morning Of
Aug. IA. The United States district at
/ tOTney IS directed to proceed accordingly.
The decision of Judge Lands aroused
almost as much interest as did the pres
ence of John D. Rockefeller and other
/ officials of the Standard Oil company in
/ the court room on July 8. The crush was
so great that a large force of deputy
marshais had much difficulty in cOntrOll-
/ ing the crowd that was anxious to force
/ its way into the court room.
When Judge Lands took his seat on the
bench he said quietly;
1.-The United States versus the Standard
| Oil company; is the defendant represent
ed?'
/ Attorney Sat Upon.
! IF the court please" said Mr.. Merritt
Starr, for the Standard Oil eom9any's
/ defense, ''OI behalf of the defendant and
/ in the absence of the regular counsel
/ but with their authority, l desire to make
/ d suggestion or two pertaining TO the
/ final order in the case before -
/ Doesn't it strike YOU broke in Judge
| Lands. that it would be well to wait
until have finished with this document?
4 Then L viii hear what you have TO say
! The judge shook his manuscript he
| spoke and Mr.. starr sat down.
! During the reading of the opinion, when
/ the court said Omething especially sting
/ ing against the company or it's methods,
the Spectators would laugh loudly. and
the baiIiffs were compelled repeatedly to
rap for order
1 The court had not proceeded far in his
opinion when he was interrupted by some
attorneys who were trying to transact
| business with the clerk of the court.
! Leaning over the railing in front of
/ him, the judge inquired with quiet sar-
/ casm:
u an: not interrupting. gentlemen, am
The attorneys fled and the reading was
/ resumed.
! When the reading had been concluded
Judge Lands turned to Attorney Starr
and declared that he was ready to hear
what he had to say.
Mr.. Starr said that it had been prom
/ ised that there would be a delay in the
/ execution of the judgment This the
| court denied positively. After some de-
/ bate between the court and the attorneys
/ for the government and the company it
was agreed that the attorneys for the
defense should be given sixty days to
/ file a bill of exceptions.
THE court is as anxious to have this
/ case taken to the court of appeals as
anybody" said Judge Lands, land 1 am
! NlllUS LudL sufficient time De gwen Ii
must go TO the higher court through the
regular channels. No execution will issue
until the certificate has been presented
to the court and fully examined"
! It IS expected that the case will be
heard during the January term of the
United States court of appeals.
Summary of Decision.
Judge Lands in his decision said it was
proven in the trial that the defendant
I a corporation of Indiana, operates an oil
I refinery at Whiting, Ind; that the Chi
cagO d Alton Railway company, cor
TainrOad from Chicago to East st. Louis
lii, and that the Chicago Termina
Transfer railroad operates a switching
road from Whiting across the state lin(
into Illinois, intersecting the Alton road
at a station called Chappell, a short dis
lance from Chicago, and that there are
/ three companies operating terminal road.
from East st. Louis across the Missis
sippi river to St Louis, Mo. Prior to the
occurrences upon which the prosecution
was based. the Chicago 81 Alton company
had filed with the interstate commerce
commission tariffs showing the rates fol
Whiting to East St. Louis to be IS cent.
per hundred pounds, and the rate fO1
like transportation from Ch2ppell to St
Louis to be 1872 cents per hundred pounds
The court says il appeared at the hear
ing that the defendant shipped its good
from Whiting to East St Louis for
cents, ana Tor ~ cents to 81. Louis. Tit
dealings of the Standard Oil company
were exclusively with the Chicago & Al
ton, which rendered all bills for through
service.
Plea of Defense Failed.
The defense argued that the Elkins Law
authorized the prosecution for but on,
Offense and maintained that there coul,
be conviction on only one count.
The court held that the law is violated
1
as the legal rate was established by tn,
/ railroad company on car lot basis. TIL,
unlawful 6-cent rate was accepted ant
/ granted on that basis.
Continued on Page 2.