New-York tribune., 1907-08-04

be Company or its methods. the spectators
roui laugh loudly. and the ba;,iffs we're COM
pe.:e5 repeatedly to rap for order.
The court had not proceeded fsr in his opin-
whar he was interrupted hy some attor-
,c7s wio were trying 10 transact business WITH
DE cleri. of the court. Leaning over the railing
a front os him, the judge inquired: ~ am not
sterruptinG you gentlemen. am y The al
;orneys fed. and the reading WAS resumed
Loud handclapping broke out when N" court
taid:
When, after all TIE Circumstances Of the trial
ave been brought out ard the defendant persist
intly maintained that the constitution OF the
Emitted States guarantees 10 IL the right TO make
private contract for railroad rate, this court
e obliged TO confess that he is unable 10 indulge
q the presumption that IL this case the defendant
convicted of its virgin offence
When the reading had been finished, Judge
Landis turned TO Ar Starr and announced that
De ready TO hear what he had 10 say.
Mr. Starr said that it had been promised that
there would be delay in the execution Of the
Judgment, but the court denied this positively
After some debate between the court and the
attorneys for the government and the company,
II was agreed that the attorneys for the defence
should be given sixty days in which TO file a bill
pf exceptions
The court is as anxious to have this case
taken 90 the Court of Appeals anybody" said
Judge Lands. land | willing that sufficient
time be given 1t must so TO the higher court
through the regular channels No exception Will
Issue until the certificate has been presented TO
the court and fully examined"
II is expected that the case will be heard dur
ing the January term Of the United States
Court of Appeals
JUDGE LANDISS DECISION
The decision of Judge Lands follows:
This is q prosecution of the Standard oil Com
pany Of Indiana for alleged violations OF the act
snnroyAd Febr1,arx 10 Ia62 known as the Elkins
fox.- iS hat no :
transported by the Chicago & Alton Railway
Company at rates less than those named in the
carriers tariff schedules published and filed with
the Interstate Commerce Commission as required
by law. The offences alleged TO have been
committed during the period from September l.
iS03 10 March !, 1895. The Indictment contains
leoS counts. each charging the movement of a car
of Certain of the transportation is alleged 10
have been " hitting. Ind, to East St Louis
Ill. the remaining counts covering transportation
from Chappell, Ill. TO ST. Louis The plea was
mot guilty" on the trial, al counts with
drawn from the consideration of the jury on
grounds not going the ultimate questions in
volyed the on 1.i62 counts the verdict was
guilty Motions for trial and in arrest Of
Judgment having been overruled, the matter is
now before the court for the imposition Of the
penalty authorized by law
The court then quoted in full the statute.
making II unlawful for any person, persons or
corporation to offer. grant or give. or TO solicit
accent or receive any rebate. concession or dis
elimination in respect Of the transportation of
any property liz interstate or foreign commerce
by common carrier
LINES AND SCHEDULES.
The court also noted in full the provisions re-
quiring the publication and filing of tariff
schedules Judge Lands continued:
It was proven on the trial that the defendant, a
corporation Of Indiana. operates an oil refinery at
Whiting. ind; that the Chicago & Alton Railway
Cornpauv d CORPORATION of Illinois. operates a line
of railroad from Chicago East St Louis. Ill;
that the Chicago Terminal Transfer Railroad Com
pany operates switching road from Whiting
1is-n into int.
Alton road al a station called Chappell a short
distance from Chicago: that there are three COM
nanies operating terminal roaos from East St-
Louis, H. across the MISSISSIPPI River TO st
Louis. Mo; that prior TO the occurrences upon
which this prosecution is based the Chicago q
Alton Company had fled with the Interstate Com
rle-ce Commission and distributed TO its various
freight agencies tariff schedules showing the rates
FOR the TRANSFORMATION Of oil in car lots from
Whiting. Ind, 10 East st. Louis to be IS cents a
hundred pounds and the rate for like transporta-
zion from ChappeIl ST. Louis TO be 1919 cents a
hundred pounds These s-Nedules were follows:
Class tariff No "a, issued by number Of car
fiers including the Alton, operating between Chi
cago and East St Louis. naming rate OF IS cents
& 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 as
The rate from Chicago to East ST Louis and spe-
officially enuperating class tariff No. p above men
toned: schedules Of the three St Louis terminal
companies fixing a rate Of IL cents a hundred
pounds from East St Louis 10 St Louis
PAYMENT FOR SHIPMENTS.
II also appeared that the shipments made
over the covered by these schedules; that is
20 say, from Whiting to Chappen via the Chicago
Terminal road from Chappen TO East St Louis
via the Chicago & Alton road, and from East St.
Louis TO St Louis the lines Of the three St
louis terminal companies. For this service the
defendant paid the Alton cents hundred pounds
on the traffic TO East 81. Louis and ~ cents for
The sfiprnents St Louis, bills at these rates
being rendered by the Alton company 10 the de-
fendarr sernt-rnonthly- out Of the moneys it re-
ceived from the defendant the Alton company paid
mics ~ of ar
vice.
With these terminal companies the defendant had
no relations whatever, only that the shipments
were delivered to the Chicago Terminal Company
eft Whiting, the point of origin. At no time did
the defendant apply to either OF these companies
for q rate covering the service performed, nor did
ther render env bills the defendant Their deal
,ngs were exclusively with the Chicago & Alton
ccrnranv to which company, the defendant s