Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-08-04

view to the consideration of the CON
duct of the other party To these trans
actions. Let an order be entered foI
a panel of sixty men returnable at 10
O'Clock on the morning of August Ia.
The United States district attorney is
directed to psoceed accordingly
The decision of Judge lands
aroused almost as much interest as
did the presence of John ID. Rockefel
Ter and other officials of the company
i'm the court room on July l6. The
crush was so great that large force
of deputy marshals had much diff
Guilty In controlling the crowd.
The government was represented i'm
the court room by United States Dis
trict Attorney Sims and Assistant Dis
trict Attorney WilkersOn. The attor-
neys who tried the case for the Stand
ard oil company, j. $. Miller, MOritz
Rosenthal and A. ID. Eddy, We're not
present the company being repre-
sented by Morritt Starr. a partner of
Mr.. Miller, and Chauncy Martin. from
the office of Mr.. Eddy There are in
these seven indictments total OF
4,422 counts, and the maximum fine
I'm each count would be $4,000.
When Judge Lands took his seat on
the bench, he said quietly:
THE United States versus the stand
ard Oil company; is the defendant
represented ,"
"If the court please" said Mr..
Starr, ION behalf of the defendant and
in the absence of the regular counsel,
but with their authority, | desire to
make a suggestion pertaining to tho
final order in the case before
Doesn't it strike you" broke in
Judge Lands. that it would be well
to wait until | have finished with this
document, then l will hear what you
have to say"
The Judge shook his manuscript as
he spoke, and Mr.. Starr sat down.
During the reading of the opinion.
when the court said something espe-
cially stinging against the company or
Its methods. the spectators would
laugh loudly. and the bailiffs wera
repeatedly to rap for order.
The court had not proceeded far m
his opinion when he was interrupted
by some attorneys who were trying 10
transact business with the clerk of the
court
Leaning over the railing in front Of
him the judge inquired with quiet sar-
casm:
II am not interrupting, gentlemen.
am II"
The attorneys fed and the reading
was resumed.
When the reading had been con
Judge Lands turned to Attor
ney Starr and declared that he was
ready to hear what he had to say i
Mr.. Starr said that IT had been
promised that there would be a delay
in the execution of the judgment. This
the court denied positively. After
some debate between the court and
the attorneys for the government and
the company II was agreed that the
attorney for the defense should be
given sixty days to file a bill of excep-
tons.
'The court Is as anxious to have this |
case taken to the court of appeals as
anybody" said Judge lands. "and |
am willing that sufficient time be |
given. II must go to the higher court
the regular channels. No exc
oution will issue until the certificate +
has been presented to the court and
fully examined"
Il Is expected that the case will be-
heard during the January term OF
he United States court Of appeals.
ffnder the seven fpdietulents still
against the Stanard OIL COM |
pany an additional fine, amounting to
sSS. 100000 may be levied against the l
company If IL is found guilty.
The defense had contended that the |
Elkns law authorized the prosecution /
Tor but one offense, and maintained |
hat there could be conviction on
)nly one count. The court held that
he law Is violated every time any
property is so transported, as legal
'ate was established by the railroad
company on a carload lot basis.
To the defendants claim that repre-
,entations by the Alton, had misl0d
he Standard into a sincere belief that
he Alton six cent rate had been filed
with the Interstate commerce commits
sion. the court held that as the law re-
luired the carrier to keep a sched
ale at its freight office for public in
,pection. It was the defendants duty
% 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
rhicago and Eastern Illinois railroad
published an open rate of Ga cents
rom Wheeling TO East St Louis the
'ourt said that this fact should be
Considered in mitigation, If true. but
1e found from an examination Of the
he Eastern Illinois schedules that this
'7te was not filed with the interstate
commerce commission until one year
ifter the expiration of the period COW
red by the Indictment, ana nearly
hree years after its issue. and II could
iot serve the purpose Of eXcusing or
the acceptance by the de-
endant of the unlawful Alton cent
'gtp