Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1907-01-04
.MpsT STAND! TRIAL ]
JUICE LANDS ovERRuLES De'
u,yRRER or STANDARD OH
TWO OF TEN ARE SUSTAINED
,,,,,od States Court Holds Congress-
NJ. F5wer to Make Change
and Rig d Measure Stays.

chicago, Jan. 4.-Judge lands IN
the United yates district court yes
terday overrued the demurrer OF tns
standard Oil company to eigfa ~
dictments pending against that COT
poration, but sustained the demurrer
as to two other indictments because
of technical defects.
"These prosecutions, said tne
court, "are for alleged violations Of
section Of the act approved Fepru'
airy 10, 1903, known as the Elkina
law. The charge is that the defend
ant obtained the transportation OF It's
property by various railway compa'
MES at rates less than those named
in the carriers published schedules
The offenses alleged to have been
committed prior to the enactment O.
the law approved June 20, 1900
known as the rate law. The 1ndict'
ments were returned August ~,
1906"
The court ruled against the de.
PENDANTS contention that the Elkins
law was enacted really to prohibit the
employment of indirect methods to
obtain preferential rates, 1t being the
defendants contention that 1t was
not violation of the law, II a rail-
way company dealing directly with a
shipper, gave that shipper cut rate.
The court also ruled against the
defendants claim that the provision
Of the Elkins law requiring shippers
to adhere to published rate was
void as being against that provision
of the interstate commerce law which
required carriers to transport proper
ty for a reasonable rate, the court
holding that carriers and shippers
were both required to adhere to the
published rate until such rate was
publicly changed in the manner pro-
vijed by law.
The court further ruled against the
defendants contention that the in.
dictments were bad because the in
terstate commerce law did not re.
quire railway companies to publish
rates between points beyond the cac
rier's own line of road, holding that
If carrier, having made an arrange
ment with connecting line for the
transportation of property between
such POINTS, the carrier must be
therefore held as to the shipping
public to have facilities for the tr:ns-
portation of property to such points
beyond it's own line and that the re-
QMrement Of the law applied to such
a case with the same force that it
applied to point on the carriers
own line.
The court ruled against the defend.
ants contention that the provision
Of the Interstate commerce law re-
quiring carriers to publish terminal
charges was not imperative upon con-
signee, holding that in respect to such
terminal charges inasmuch as the
consignor would have but little II any
interest in the question, the law
plainly was intended to be binding on
consignees. The terminal charges in
question consisted of large amounts
Of storage charges that had accrued
on petroleum consigned to the Stand.
ard OIL company at Chicago and
which the Indictment charges the
Lake Shore and Michigan Southern
Railroad company cancelled and re
leased to the Standard Oil company,
thus giving the Standard Oil COM
pany a rebate in respect Of the trans
portatiOn Of the petroleum.