The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-08-03

Chicago, Aug. 3.-Judge Lands in
the U. S. District Court today impos-
ed fine upon the Standard Oil Com
pany of Indiana of $29, 100000, the
maximum amount upon each one of
1,462 counts il the indictment on
which that company was recently con
victed of rebating. The judge recon-
mended that call be issued for a
special jury to consider the case of
the other party to the rebating opera
tions of which the Standard Oil Com
pany was found guilty, and it is there
fore probable that within a short time
proceedings will be commenced ag-
ainst the Chicago & Alton Railroad
Company for the alleged commission
of similar offenses.
The court room was packed to it's
utmost capacity while Judge Landis
was reading his decision. The lawyers
of the defense had contended that the
Elkins law authorized prosecution for
but one offence and maintained that
there could be conviction on only one
count. The court held that the law
ID every llH1S any pIOpSAIy
is SO transported, as the rate was es-
tablished by the railroad company on
a carload lot basis. AS to the defend
ants claim that representation by the
Alton had misled the Standard into
a sincere belief that the Atoms six
cent rate had been filed with the In
terstate Commerce Commission, the
court held that as the law required
the carrier to keep a schedule at it's
freight Office for public inspection, it
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 rail-
road published al open rate of 6A
cents from Whiting to East st. Louis,
the court said this fact should be con-
sidered in mitigation if true, but found
from examination of the Eastern Illi-
nois schedules that this rate was not
filed with the Interstate Commerce
Commission until one year after the
expiration of the period covered by
the indictments and nearly three
years after it's issue and so it could
not serve the purpose of excusing or
palliating the acceptance by defend
ants of the unlawful Alton six-cept
rate.
The court held that while the Stan
dard Oil Company of Indiana was the
nominal defendant, the real defend
ant is the Standard Oil Company of
New Jersey, with capital of one hun
that If body of men organize a cor
poration under the laws of one state
for the purpose Of carrying on busi
ness throughout the United States
and for the accomplishment of that
purpose absorb the stock of otner cor
porations such corporations thus alb
sorbed have thenceforward but nom
inal existence and cannot initiate or
execute any independent business pol
icy.
Trust win Appeal.
New York, Aug. 3.-The Standard
Oil Company viii appeal to the U. s.
Circuit Court Of Appeals from the sen
tence imposed by Judge Landis today.
Statement by Trust oficiaI.
New York, Aug. 3.-President Jas.
A. Monett. OF the Standard Oil Com
pany OF Indiana. made the following
statement today In reference 10 the
Judgment which Judge Landis pro
nounced Ia the Federal court at Chi
ca&o:
eTEe facts Of this case are simple
and easily understood. The Standard