New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-11
STANDARD OIL SCORES
IMPORTANT POINT WON.
Shipper Need Not Go Beyond Rail
zcay Station for Legal Rates.

Chicago. April ia victory for the defence
was gained to-day in the trial of the Standard
oil Company when Judge Lands announced that
the Standard Company may produce evidence
showing that the compony did not intend To
violate the law in the acceptance OF unlawful
rates. The court also decided that the shipper
does not need 10 go further than railroad
station 10 learn the legal rate. Arguments on
these subjects had been under discussion for
four DAYS. attorneys for the defence maintain
ing that the Standard oil Company did not
knowingly and wilfully'' accept unlawful rates
from the Chicago & Alton Railroad. The de-
csion is practically the first strong point gained
by the Standard Oil Company's attorneys during
the six weeks Of trial
one Of the chief contentious Of the defence was
that the words ''wifully and knowingly ap-
peared in the indictment against the Standard
Oh Company and that they appeared in the
Ekns ac:, the law which the Indictment
was based. These facts. the STANDARD OF Com
pany's attorneys asserted, made Il necessary for
the government TO show that the reduced rate
had been accepted with the knowledge that it
unlawful, and opened the way for proof
that the rate of the Standard OH Company
believed that the six cent rate had been filed
with the Interstate Commerce Commission.
Judge Landis in his decision said:
1.-THE question as presented to my mind shows
that the defence may make any showing OF
facts 10 excuse the shipper, Il being shown that
the defendant applied TO the carrier for rates.
and was induced TO believe that the six cent rate
was lawful.
THE question is where the shipper must go
20 procure rates" the court continued, bearing
in mind that the Interstate Commerce law was
not passed TO obstruct the commerce Of the
country, but 20 emanclpate II. l hold that the
shipper need not go TO the Interstate Commerce
f1,Ty, do
the carrier. There is no escape from that con-
clusion anless commerce is to be tied up and
shippers driven 10 Washington for the lawful
rates"
The court then gave the opinion that Con-
gress in enacting the Elkins law intended Il
To apply more particularly 10 the carrier who
rendered low rates and TO the shipper who
asked for them than TO the honest shipper who
accepted unlawful rate believing that 1t
had been filed with the Interstate Commerce
Commission
hevng that Congress intended that the word
wifu" should be read into the law. Refer
ring 10 this subject, he said:
Therefore It is my opinion that Congress in
tended 10 carry the word 'wilfuP in the bill
This does not mean, however, that the de-
PENDANT must be shown To have known the
rates. hold that il was the duty Of the de-
ienCant 70 get the lawful rate. He knew that
he was engaged in interstate commerce and
that il under the control Of the Interstate
Commerce Commission and that it would be
guilty Of a misdemeanor If il accepted a rate
less than the lawful one
AT this point the court ordered the jury to be
brought IN, and the taking of testimony by the
defence resumed. Mr. Rosenthal. for the
defence said 10 the court:
We purpose 10 show by Mr.. Bogardus traffic
manager Of the Standard Oil Company, that
Whiting 10 East ST. Louis by the Standard oil
company over the Chicago e. Eastern Illinois
Railway under the Ga rate.
He also stated that he would show that the
eh-oent rate was made on the same basis as
The 6-cent rate OF the Chicago e. Alton Railway
Dad that both were practically the same He
said that the STANDARD oil Company could have
shipped all its oil over the Chicago & Eastern
Illinois road
These latter facts, the defendants counsel said,
We're conclusive proof that the Standard oil
Company could have motive for asking spe-
cial rates from the Chicago & Alton Railway
Company when il might avail itself Of a lawful
rate over another line at no greater cost. Judge
lands replied:
In my view OF this matter cannot conceive
how the impression Of Mt. Bogardus 10 what
ne had done with another road has anything to
30 with his going to the Chicago e. Alton Of
noes and accepting a rate which not filed
With the Interstate Commerce Commission.