Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-09-17
HOPE IO NU[[|FY fine
Standard Oil Attorneys Prepar-
ing Pleas Based on Alton
Railway Immunity
UNFAIR TRIAL is CLAIMED
Attorneys for Standard Say That if
They Had Known Of Agreement Wit
nesses' Answers Would Have Been
Different - Argue That Procedure
Was Illegal.

Chicago, Sept 17.-The $50, 700
fine imposed on the Standard Oil COM
pany by Judge K. M. Lands in the fed
eral court recently will be wiped out
of existence on technicality il the
schemes of the Standard Oil lawyers,
which became known yesterday, are
carried to fruition.
The line of action which may result
in the big fine becoming nothing but
name reyolyes around the decision OF
Judge Lands in the Alton immunity
case. which is set for hearing on Sep
TENDER "a.
In the event chat the Alton is grant
ed the immunity. which, it has been
fully established, was promised to the
railroad thru agreement with former
Attorney General Moody, the Standard
Lands fine be set aside. The grounds
for this plea will be that the Standard
Oil lawyers should have been apprised
of this immunity agreement in order
that they might question the Alton
railroad witnesses properly.
The Standard OIL will contend that
they should have been allowed to ask
these railroad clerks who gave such
full evidence in regard to rates and
fS MI furfffc nhafhar their
testimony had been influenced in any
way by the knowledge that the road
which employed them would not suffer
prosecution The lawyers claim that
the procedure In the case was Illegal
and that It furnishes sufficient ground
for setting aside the fine.
Then it will be up to Judge Landis
again, but 1t is asserted by those who
have studied his attitude all thru the
case that 1t is improbable he would
reverse the fine he himself imposed.
tho the judge. his friends say, Is not
pleased with the Atoms prospects of
immunity.
1t was Judge Lands who called the
grand jury to indict the Alton on the
same evidence that had been used In
tN6 lluIClIHeHt dEdilSI llIS Cil vi Poi q
tion-that of rebates. He knew moth
ing of the immunity agreement That
situation was presented to him in a
letter from Attorney General Bona
parte and he gave a recess to the jury
and put the case over until September
"a, when the jury will return to Chi
cago. The fact that Judge Lands did
not feel right over the Atoms status
is said to form the basis of the hopes
of the Standard Oil lawyers that he
may grant their motion.
Testimony That Brings Complaint.
1t was the testimony Of Chief Clerk
Hollands OF the freight department of
the Alton In Chicago and that of Clerk
Howard in the auditing department
that form the main feature Of the
complaint of the Standard Oil attor-
neys. 1t is this material testimony,
they say, which they should have been
allowed to puncture with questions
along the line of what influence was
exerted over the witnesses by the i'm
agreement.
1t was largely upon the testimony of
these two clerks that the chain of re-
bate evidence was built up by the gov
eminent. Howard testified he had re-
ceived the payments from the Standard
Oil company of Indiana on the 6 cent
rate between Whiting and East st.
Louis. He also told Of the special bill
ing order issued by Edward Bogardus,
traffic manager for the Standard Oil
company of Indiana. He was asked
the cent tariff had been filed
with the interstate commerce commits
sion. but this he could not remember
Hollands was the man who told Of the
s cent rate slip being issued.
Standard Oil Attorneys at Work.
Attorney John S. Miller, chief cou.l-
sci for the Standard Oil Company, is
with being the originator of
this scheme of asking for the fine to
be set aside. He and his aids have
been working for two weeks in prep
aration OF their brief on this subject.
1t will be presented as soon as Judge
Lands gives the immunity decision.
In case the railroad investigation
goes on and the agreement Of the de-
partment of justice is ignored the
plan goes to smash But this is not
Up to the present time 1t
has been understood that the Alton
would get it's immunity Judge Lands
has jurisdiction over the case until
December 1.
These plans having become known to
the government attorneys, crisis has
been reached which demands con-
ference and careful consideration. Ev
cry step is potential of possible evil
to the government victory in the great
Dill case.
Attorney General Bonaparte will ar
rive in Chicago from Washington to-
night according to the present sched-
lle. He will confer with District At
-orney Sims on the Alton Standard
Oil situation tomorrow afternoon. Mr..