Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-08-04

view to the consideration of the con-
duct of the other party to these trans
actions. Let an order be entered foI
a panel of sixty men returnable at 10
O'Clock on the morning of August IA.
The United States district attorney is
directed to proceed accordingly"
The decision of Judge Lands
aroused almost as much interest as
did the presence of John ID. Rockefel-
Ter and other officials of the company
in the court room on July 16. The
crush was so great that large force
of deputy marshals had much diff
Guilty In controlling the crowd.
The government was represented in
the court room by United States Dis
triet Attorney Sims and Assistant Dis
trict Attorney Wilkerson. The attor>
neys who tried the case for the Stand-
ard OIL company, J. s. Miller, Moritz
Rosenthal and A. d. Eddy, were not
present, the company being repre-
sented by Morritt Starr, a partner Of
Mr.. Miller, and Chauncy Martin, from
the Office of Mr.. Eddy There are in
these seven indictments a total Of
4,422 counts, and the maximum fine
in each count would be $4,000.
When Judge Lands took his seat on
the bench, he said quietly:
"The United States versus the Stand
ard Oil company; is the defendant
represented?"
"If the court please" said Mr..
Starr, ION behalf of the defendant and
in the absence of the regular counsel,
but with their authority, | desire to
make suggestion pertaining to tho
final order in the case before"
Doesn't 1t strike you" broke in
Judge Lands. that 1t would be well
to wait until | have finished with this
document, then l will hear what you
have to say"
The judge shook his manuscript as
he spoke and Mr.. Starr sat down.
During the reading of the opinion,
when the court said something espe-
cially singing against the company or
its methods, the spectators would
laugh loudly, and the bailiffs We're
compelled repeatedly to rap for order.
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:
81 am not interrupting, gentlemen,
am ~"
The attorneys fled and the reading
was resumed.
When the reading had been con-
cluded, Judge Lands turned to Attor-
ney Starr and declared that he was
ready to hear what he had to- say.
Mr.. Starr said that 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 attorneys for the government and
the company 1t was agreed that the
attorney for the defense should be
given sixty days to file a, bill of excep-
tions.
1.-THE court is as anxious to have this
case taken to the court of appeals as
anybody" said Judge Lands, land
am willing that sufficient time be
given. 1t must go to the higher court
through the regular channels. No exc
cutiOn will Issue until the certificate
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 Stanard OIL COM
pany. an additional fine, amounting to
$3.50 10 o9e-sisas- -ha-v vlssiad against the
company If 1t Is found guilty.
The defense had eontended that the
Elkins law authorized the prosecution
for but one offense, and maintained
that there could be a conviction on
only one count The court held that
the law Is violated every time any
property Is so transported, as a legal
rate was established by the railroad
company on a carload lot basis.
To the defendants claim that repre-
sentations by the Alton had misl0d
the Standard into sincere belief that
the Alton six cent rate had been filed
with the interstate commerce commits
sion. the court held that as the law re-
quired the carrier to keep a sched-
ule at its freight office for public in
spectiOn, II was the defendants duty
to ascertain at the railroads offices
| whether the rate was so filed.
AS to the evidence offered by the
| defendant to the effect that during the
period covered by the Indictment. the
| Chicago and Eastern Illinois railroad
published an open rate of 6h cents
! from Wheeling to East st. Louis the
/ court said that this fact should be
considered in mitigation. If true, but
ne found from an examination of the
the Eastern Illinois schedules that this
""to was not filed with the interstate
commerce commission until one year
after the expiration of the period COW
cred by the Indictment and nearly
three years after its issue. and 1t could
/ not serve the purpose of eXcuslng or
palllating the acceptance by the de-
fendant of the unlawful Alton 6 cent