The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-01-04
CASE WILL GO TO TRIAL
COURT ovERRuLEs DEMURRERs
OF OIL TRUST TO PENDING
/ INDICTMENTS.
JUDGE Lands FILES HIS DECISION
CONVENTIONS OF DEFENDANT
TURNED DOWN IN ALL BUT
TWO INSTANCES.


Chicago, Jan. 4.-Judge Lands, in
the United States district court, has
overruled the demurrer of the Stand
ard Oil company. to eight indictments
pending against that corporation, but
Sustained the demurrer as to two
Iother indictments because of technical
defects.
These prosecutions, said the
court, ARE for alleged violations OF
section Of the act approved Feb. 10.
1903, known as the Elkins law. The
charge is that the defendant obtained
the transportation of it's property by
various railway companies at rates
less than those named in the carriers
published schedules. The offenses are
alleged to have been committed prior
to the enactment of the law approved
June 20, 1906, known as the rate law.
! The indictments were returned Aug.
}27, 1906"
/ The court ruled against the defend
ants contention that the E1kins law
was enacted really to prohibit the EN-.
ployment of indirect methods to OBJ.
tain preferential rates, it being the
defendants contention that it was not
| a violation of the law if a railway
I company, dealing directly with a ship.
per, gave that shipper cut rate.
/ The court also ruled against the de.
PENDANTS 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 re-
CURED carriers to transport property
for reasonable rate, the court hold.
Ing that carriers and shippers were
both required to adhere to the pub
lished rate until such rate was pub
ilicly changed in the manner provided
by law
Knocks Out More Contentious.
The court further ruled against the
defendants contention that the indict-
tments were bad because the inter-
state commerce law did not require
railway companies to publish rates
between points beyond the carriers
own line of road, holding that if
carrier, having made an arrangement
with connecting lines for the trans
portation of property beyond it's own
line, should thereupon publish rates
for the transportation of property be-
tween such points, the carrier must
be, therefore, held as to the shipping
public to have facilities for the trans
portation of property to such points
beyond its own line and that the re-
quirement of the law applied to such
case with the same force that it APP
piled to a point on the carriers own
line.
The court ruled against the defend
ants contention that the provision of
the interstate commerce law requiring
carriers to publish terminal charges
was not operative upon consignees,
holding that in respect to such ter
m1nal charges, inasmuch as the con-
signor would have but little, if any,
interest in the question, the law plain
ly was intended to be binding on con-
s1gnees. The terminal charges in ques-
ton consisted of large amounts of
storage charges that had accrued on
petroleum consigned to the Standard
Oil company at Chicago and which
the Indictment charges the Lake Shore
and Michigan Southern Railroad COM
pany cancelled and released to the
Standard Oil company, thus giving the
Standard Oil company rebate in re-
spect Of the transportation of the
petroleum.
The court also overruled the de-
PENDANTS contention that the present
rate law went into effect prior to the
returning of the indictments in the
case at har