New-York tribune., 1907-08-04

the Court Of Appeals or would be TAKEN oitect
TO the United States Supreme Co~rt An ofhc-al
Of the Standard Oil Company Of New Jersey
said that the amount of the fines showed the
injustice against the company.
The amount of Judge Landiss hnes, ne
added "is fifty times the value Of the oil carried
under the indictment. The total value OF the OIL
was s650.o00. For each car of OIL valued at
about $3.50. we have been fined s2o,oeo- An
appeal Will be taken 10 the United States Circuit
Court Of Appeals, but whether It Will be entered
at once or whether the full time allowed by law
Will be taken will he determined by our counsel
in Chicago"
The following statement by James A. Noffett,
president Of the Standard Oil Company Of Ind
lana in reply to the decision of Judge Lands
but containing no reference TO the fine. was
given out at No 26 Broadway Immediately fol
lowing the announcement from Chicago that
the decision had been handed down:
The court having pronounced it's judgment in the
case Of the United States against the Standard OF
Company Of Indiana. there can now be no impr"-
priety in stating position to the American
peopIe The facts n this case are simple and
easily understood. The Standard Oil Company Of
Indiana convicted of receiving what the gov
ernment claimed was concession from the ohl-
cago & Alton in the shipment OF OIL from us r.
fnery Whiting. Ind. to East st. Louis Ill 1t
be borne in mind that there is no question OF
rebate discrimination in this case.
The contention OF the government was that the
lawful rate was IS cents a hundred pounds be
tween these two points. The defendant claims
first that the lawful rate 6 cents. and sec
ondly. that if not the lawful rate. II
the rate issued TO the Standard by the Alton
as the lawful rate and the Standard was justihed
in believing from its own investigation and from
the information received from the railroad com
pany. that cents was the lawful rate
The 1s-cent rate a class and not com
modify rate, and the chairman of the Chicago
and ST. Louis Traffic Association. the association
issuing Is-cent class rate under oath testified
that it never applied and was never intended
10 apply. TO oil
The period of time covered by the indictment in
sc exx-ac F-orr SarfPu M3TCh l..
1915. The rate on oil between Chicago and East ST
Louis the Alton for fourteen years. from 1871
Z 1905. always 8 cents hundred pounds ms
was an open, published rate known to every one one
concerned in the shipment Of oil and generally
known in all railroad circles in Chicago. Both Chi
cago and East St Louis being in Illinois, the rail-
road company under legal obligation to file
this with the Interstate Commerce Commission
Washington. but Whiting being In Indiana, snip
ments from Whiting to East St. Louis were, tech
nicaly at least. interstate. and hence the Alton
filed with the Interstate Commerce Commission
what IS known Is application sheet. applying
Whiting the Chicago rate. and deemed the ming
OF the application sheet all that was necessary
under the law.
For more than thirty years by custom. ali Of the
little industrial towns grouped about Chicago. and
which in reality essential part OF chicago
and to make up its Industrial strength nave
been given the freight rates as Chicago The
reason for this is, Of course, apparent and 1t is
because OF this uniformity Of freight rates that
Chicago. as the centre of this group IS to-day a
city Of than two millions of inhabitants
II Whiting, Pullman. Hegewisch and South Chi
manufacturing establishments in these towns would
be compelled to close their doors. Because of this
condition and situation, railroads created what is
known as the Chicago switching district, which
includes Whiting and all Of these other little manu-
featuring towns in and around Chicago These
! towns further unified by n belt line railroad
which encircles Chicago and connects this entire
industrial system with the trunk lines radiatins
/ from Chicago.
from these points during the last fifteen years
under the circumstances as the Standard
shipments and II the Standard is guilty in this
case. is practically every other shipper IN this
great cturing territory. Is there purpose
/ in selecting the Standard the victim?
/ The Chicago & Eastern Illinois Railroad also runs
( between Whiting and East St Louis. The stand
! ard Oil Company shipped about one-third OF an
the oil that went from Whiting to East ST Louis
! over the Eastern Illinois the other two-thirds
/ going over the Alton and the Burlington on the
trial Of the case the defendant offered 70 show by
/ witnesses who We're on the stand that not only
during the period Of time covered by the indict-
ment, but continuously from 1885 the Eastern IN
! nos had a lawful published and flied rate between
/ Whiting and East St. Louis oil Of six cents a
! hundred pounds. and that the Standard Oh Com
! many shipped such rate over the Eastern lIIi-
nois than two thousand cars Of oil each year
! during said period
To this offer the government through its attor,
neys strenuously objected and the court sustained
s,ch objection The defendant contended. and still
! does contend that this proof would have concIu-
/ eivelv shown that the Standard OIL Company had
no possible motive shipping over the Alton. and
/ thereby violating the law. when II might Just as
/ -..511- and conyerientlv have shipped all OF its
! law.
| The defendant also offered prove that packing
. house products during the period OF time.
! u-ara carried between these points under a
''cornmoditv'' rate for % cents: malt : cents;
brick cents: cornmeal. cents: rosin. si2 cents;
starch. cents: peas. beans and popcorn. cents
oil cents: glycerfne, 3 cents.
Tn. court again sustained the objections OF gov
ernroent counsel and thus again prohibited us
/ from showing the fury how absurd was the gov
er-nrnts claim that the rate, for example on I'M
saed Of was cents while petroleum oil II was
/ IS -,
! T-,5a- srrcr circumstances and in view Of the
/ fact that petroleum had been openly carried over
/ the three roads from Whiting 70 East ~ LOUIS
-or from ten to fourteen years FOR cents, what
draft il IS or human credulitv for the prosecution
10 assert that Is cents was the only possible law
I ful rate ,
/ The 1Incontradicted evidence also showed the
/ Standard oil Company advised by the rate
cla-l, or the Chicago & Alton that this Scent rate
was fled With the Interstate Commerce Commits
/ sion
Knowing that the rate the Eastern Illinois
was hut cents having no reason for shipplng over
the Alton in preference the Eastern Illinois and
eb1a n shin all Of its oil over the latter road we
,ns,st that the facts. Of which the court did
not hermit US to show. not alone demonstrate IN
rocence but inherently forbid the idea of guilt
We further insist that. whatever may be one $
technical view Of the law relating 70 the ADoVe
,eet,ons every equitable consideration is with the
dfa,aart and - the only desire to give this
se<enasr+ a .'e1uare deal this prosecution would
never have been instituted The American pubic
not only believes fair play in the abstract but
With all the facts before II. il has the capacity %
deterroine whether a defendant, rich or poor has
| received a square deal.
aeser+e that 1t is not even technically guilty and
/ that IN ought never have been prosecuted be