Los Angeles herald., 1907-08-04
HAS NO MERCY
ON STANDARD
JUDGE Lands BITTERLY SCORES
GIANT TRUST
FINES OCTOPUS OVER TWENTY
NINE MILLIONS
RockefeIIer's Company Ordered to Pay
Maximum PenaIty-Will Take
an Appeal to the Higher
Courts
fcontlnuea from Page onel

/ desire to make suggestion OF tWo
pertaining to the final order In the
case" =,
sDoesn't it strike you" broke in
Judre IAndis, that it would be well
to wait until have finished with TINS
document7 Then will hear what you
have to say"
The Judge shook his manuscript as
ne spoke and Mr.. Starr sat down.
During the reading of the opinions,
when the court said something espec-
tally singing against the company or
its methods, the spectators woulo
laugh loudly, and the bailiffs were
compelled repeatedly to rap for order
The court had not proceeded far In
his opinion when he was interrupted py
some attorneys who We're trying 10
transact business with the clerk OF the
court.
Routs Attorneys
Leaning over the railing in front OF
him the Judge inquired with quiet sar-
casm:
T am not interrupting, gentlemen,
am II"
The attorneys fed and the reading
was resumed.
cIuded Judge lands turned to Attor-
ney starr and declared that he was
ready to hear what he had to say.
Mr.. starr said 1t had been promised
that there would be a delay In the
execution of the Judgment. This the
court denied positively. After some
debate between the court and the at
torneys for the government and the
company it was agreed that the attor-
news for the defense should be given
sixty days to file bill of exceptions.
srThe court is as anxious to have this
case taken to the court of appeals as
anybody" said Judge lands, and
given. It must go to the higher court
through the regular channels. No
execution will issue until the certih-
cate has been presented to the court
and fully examined"
1t Is expected that the case will be
heard during the January term OF the
United States court of appeals.
Under the seven indictments still
pending against the Standard OIL COM
pany an additional fine amounting TO
s88 100000 may be levied against the
company If it is found guilty on trial.
There are in these seven indictments
a total of 4422 counts and the maximum
fine on each count would be S2o'ooo'
Courts Decision
Judge Lands decision was as follows:
This is a prosecution of the Stand
ard OIL company of Indiana for alleged
violations of the act approved Febru-
ary 10, 1903, known as the Elkins law.
The charge is that the defendants
property was transported by the Chi
cago & Alton Railroad company at
a rate less than those named In the
carriers tariff schedules published
and fled with the interstate commerce
commission as required by law. The
offenses are alleged to have been
committed during the period from
Seutember o. 1905, to December 8, 1905.
nIt.. I,.1{ contains 1O23 counts,
each charging the movement of car
of oil. Certain transportation Is al
legged to have been from Whiting,
Ind to East St. Louis, ILL.,, the re-
naining counts covering transporta-
ton from Chappelle Ill. to st. Louis
Mo. The plea was not guilty. On the
trial AL counts were withdrawn from
the consideration OF the jury on the
ground of not going to the ultimate
questions involved in the case. On
1852 counts the verdict was guilty
Motions for a new trial and arrest OF
Judgment having been overruled, the
matter is now before the court for the
imposition Of the penalty authorized
by law.
In frIIl the court then quoted the stat
utes making it unlawful for any person
or corporation to offer, grant or give, or
10 solicit, accept or receive any rebates,
concession or discrimination in respect
TO transportation OF any property in In
terstate or foreign commerce by any
common carrier.
The court also noted in full the pro-
vision requiring the publication and
filing of tariffs schedules
Case Proved
The court then said it was proven on
the trial that the defendant, a corporation
of Indiana operates an oil refinery at
Whiting, Ind; the Chicago & Alton Rail
road company, a corporation of Illinois,
operates a line of railroad from Chicago
to East st. Louis, ILL.,; that the Chicago
Terminal Transfer Railroad company OPP
crates a switching road from Whiting
across the state line into Illinois, inter-
secting the Alton road at a station called
Chappelle short distance from Chicago;
that there are three companies operating
terminal railroads from East st. Louis,
Ill. across the Mississippi river to st.
Louis Mo-; that prior to the occurrence
I1pon which this prosecution is based the
Chicago & Alton company had filed with
the interstate commerce commission and
distributed to its various freight agencies
tariff schedules showing the rates for liks
transportation of oil in car lots from
Whiting, Ind, to East st. Louis, ILL.,,
at IS cents per hundred pounds ana the
rate for like transportation from Chap
per hundred pounds.
These schedules were as follows: Class
tariff No. "a, issued by number of car
riers, including the Alton, operating be-
tween Chicago and East st. Louis, nam
ing a rate of 1S cents per hundred pounds
on oil from Chicago to East st. Louis a
Joint tariff of the Chicago terminal and
Alton companies providing that the rate
from Whiting to East St. Louis shall be
the same as the rate from Chicago to
East st. Louis, and specifically enumerat-
ing class tariff No. "a, above mentioned;
schedules of the three st. Louis terminal
companies fixing a rate of III cents per
hundred pounds from East. st. Louis to
St. Louis.
Route of Shipments
It also appeared that the shipments
were made over a route covered by
these schedules-that is to say, from
whiting to Chappelle via the Chicago
Terminal road; from Chappelle to
East ST. Louis via the Chicago & AL
ton. and from East st. Louis to st.
Louis over the lines of the three st.
Louis terminal companies.
For this service the defendant paid
q &c h1rpdrad