Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1907-08-09

a rate of IS cents per hundred pounds
on oil from Chicago to East ST. Louis
and the tariff herenbefore refererd to, to
which the Eastern Illinois road was par
ty which is described as Il tariff on
Glasses and commodities between Chi
cago and East st. Louis" and which
also showed the rate on oil to be IS
cents. The court held that it's effect was
to exhibit to the general Slipping public
a rate of Is cents OF oil from Whiting
to East st. Louis.
Changes in Tariffs.
Tie court then recites that on July
Z, 1903, one day after this tariff be-
came effective, the Eastern Illinois com
pany, apparently recognizing that the
effect Of this tariff was to nulify the
6H-cent rate shown by its sched-
ule No. SO73 effective in October, 1895,
issued what it denominated Amend
ment No. l, to tariff No. 1886 that be-
ing the eastern Illinois tariff of Septem-
Der, 1895, which had fixed a rate of IS
cents per hundred pounds on oil from
Chicago to East st. Louis and which
was embraced within the general class
tariff referred to. This amendment pur-
ported to cancel the 6H-cent Whiting
East st. Louis oil rate shown on the tar
if filed with the commission in October,
1895. and named a commodity rate on
oil of 6A cents per hundred pounds from
OHcuSO anu bdllOH uuCllOu, ILL.,, 10
East st. Louis. However, this amend
ment No. l was not filed with the in
terstate commerce commission until
March, 1906, one year after the cxpira-
ton of the period covered by the indict-
ment and nearly three years after it's
issue.
In view of these facts the court held
not serve the purpose Of excusing or
palliating the accepting by the defend
ant of the unlawful Alton 6-cent rate.
Trust Real Defendant
The court then reviewed it's action in
determining what corporation held the
stock of the defendant Standard Oil com
pany of Indiana. This demonstrated
that very large proportion of the stock
was held by individuals for the stock
holders of the Standard Oil company of
New Jersey, which has outstanding stock
of approximately $1OO000,00O.
The court discussed at length the va
rious defenses offered by counsel and said
the nominal defendant is the Standard
Oil company of Indiana, ST 100000
corporation.
THE Standard Oil company of New
Jersey, whose capital is .$1O0,OOO,OOO, is
the real defendant. This is so for the
reason that if body of men organize
large corporation under the laws of one
state for the purpose of carrying on BUSH
ness throughout the United States and
for the accomplishment of that purpose
absorb the stock of other corporations,
such corporations so absorbed have
thenceforward but a nominal existence.
They capnot initiate or execute any in
dependent business policy" said the
judge.
Sentence of Millions Passed
The court then passed judgment as
follows:
1T is the judgment and sentence of
the court that the defendant Standard
Oil company pay a fine of $29, 100000.
'One thing remains. 1t must not be
assumed that in this jurisdiction these
laws may be ignored. If they are not
obeyed, they will be enforced. The plain
demands of justice require that the facts
disclosed in this proceeding be submitted
to grand jury with a view to the con-
sideration of the conduct of the other
party to these transactions. Let an or
der be entered for a panel of sixty men
returnable ut 10 o'clock on the morning
of August II. The United States dis
trict attorney is directed to proceed ac-
cordingly.