The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1907-01-04
JUDGE LANDS OVERRULES DE.
MURRER TO INDICTMENTS,
UPHOLDS TWO.
PRESERVES ELKINS LAW
BY Deciding Measure Did Not De-
stroy Penalties for Prior OF.
fenses--Court Cites
An Old Act.

Chicago. Jan. 3.-Judge Lands in
the United States district court, today
overruled the demurrer of the Stand
ard Oil company to eight indictments
pending agains- that corporation,
but sustained the demuhher as TO two
other indictments because of techni
cal defects.
These prosecutions" said the
court are for alleged violation of
section /, of the act approved Feb.
10, 1903, known as the Elkins law,
The charge is that he defendant oh
tanned the transportation of its prop
erty by various railway companies at
rates less than those named in the
carriers published schedules The
offenses are alleged to have been
committed prior to the enactment of
the law approved June 49, 1906,
known as the rate law. The indiet-
ments We're returned Aug, 27 1906.
U3holds Skins Law,
The court ruled against the defend
ants contention that the EIkns law
was enacted really to prohibit the
employment of indirect methods TO
Obtain preferential rates, it being the
defendants contention that it was
not violation of the law, if a rail
way company dealing directly with a
shipper gave the shipper a cut rate.
The court also ruled against the
dcfcnants claim that the provision
OF the Elkin law. requiring ssppers
to adhere to published rae, was
void, as being against that provision
of the interstate. commerce law
which required carriers to transport
property for a reasonable rate, the
court holding thar carriers and ship
pers were both required to adhere TO
the publ he'd rate tintil sncn rate
was publicly changed in the manner
provided by law.
Indictments Not Bad.
The court further ruled against the
defendants contention that the in
dictments were bad because the Inter
state Commerce law did not require
railway companies to publish rates
between points beyond the carriers
own line of road, holding that If a
carrier having made an arrangement
with connecting lines for the trans
portation of property beyond its own
lines should thereupon publish rates
for the transportation of property be-
tween such points the carrier must
be therefore held as to the shipping
public to have facilities for he trans
portation of property to such points
beyond its own line, and that the re-
0tirement of the law applied to such
a case with the same force that II
appied to a point on the carriers own
line.
The court ruled against the defend
ants contention that the provision of
the Interstate Commerce law requir-
ing carriers to publish terminal
charges was not operative upon con
signees, holding that in respect to
such terminal charges, inasmuch as
tic consignor would have but little
if any interest in the question. the
law plainly wa intended to he bind
ing on consmees. The terminal
charges in question consisted of large
amounts of storage charges that had
accrued on petroleum consigned to
tie Standard Oil company, at Chi
cago. and which the Indictment
charges the Lake Shore and Michigan
Southern railroad company cancelled
and released to the Standard Oil com
pany. thus giving the Standard OH
company a rebate in respect OF the
transportation of the petroleum.