The Montgomery advertiser., 1907-08-04


 company. 1t was agreed that the attor- neys for the defense should be given sixty days in which to file bill of exceptions.
 'The court is as anxious to have this case taken to the Court of Ap- peals as anybody" said Judge Landis. "and I am willing that sufficient time court through the regular channels. No execution will issue until the certi- fcate has been presented to the court and fully examined"
 It is expected that the case will be heard during the January term of .he United States Court of Appeals.
 Under the seven indictments still pending against the Standard Oil Com pany, additional fines amounting to $SS. S.440,000 may be levied against the company, if 1t is found guilty on trial. There are in the seven indictments total of 4,422 counts and the maximum fine in each count would be $20.)
 Landis Reads Opinion.
 Judge Landis commenced reading his decision at 10 o'clock and consumed approximately one hour before he an- nounced the penalty.
 Judge Landis. in his decision, said 1t was proven on the trial that the de- fendant. corporation of Indiana. op- crates an oil refinery at Whiting. Ind. that the Chicago and Alton Railway Company. a corporation of Illinois, op- crates a line of railroad from Chicago to East St. Louis. H.. and that the Chicago Terminal Transfer Railroad operates a switching road from Whit Ing across the State line into Illinois. intersecting the Alton road at a sta tion called Chapell. a short distance from Chicago. and that there are three companies operating terminal roads from East St. Louis. Ill.,. across the Mississippi River to St. Louis, Mo-. Prior to the occurrences upon which the prosecution was based, the Chi cago and Alton Company had filed with the Interstate Commerce Commission showing the rates for the transporta- ton of oil in car lots from Whiting to East St. Louis to be IS cents per hun dred pounds, and the rate for like transportation from Chappell to St. Louis to be 19 1-2 cents per hundred pounds. The court says 1t appeared at the hearing that the defendant shipped it's goods from Whiting to East St. Louis.
 The dealings of the Standard Oil Company were exclusively with the Chicago and Alton which rendered all bills at through service.
 The defense argued that the E1kins law authorized the prosecution for but one offense and maintained that one count. The court held that the law is violated every time any trans portation h 90 tranported as the legal rate was established by the rail- road company on . car lot basis. The unlawful six cent rate was granted and accepted on that basis. As to the le- fendants' claim that the representa- A~vk AA kA hAl laI~ l~~k the sincere belief that the Alton six cent rate had been filed with the i'm terstate commerce commission held as the law required the carrier to keep the schedule at it's freight office for public inspection. 1t was the defan- dant's duty to ascertain at the rail- roads office whether the rate was so fixed, and 1t being for the jury to de- termine whether testimony exhibited the truth of the transaction.
 The jury having found a verdict of guilty, 1t became the duty of the court to fix the punishment
 Evidence h Discussed.
 The court then discussed the evidence offered by the defendant to the effect that during the period covered by the indictment. the Chicago and Eastern Illinois railroad Company published an open rate six and one quarter cents
 
 court held that this fact should be considered in mitigation If true. although inadmissible before the jury as to guilt or innocence. and the court after the verdict had been given directed the production of all schedules by that railroad. From these, 1t ap- peared that the Eeastern Illinois, in panies. issued and filed with the com merce commission a class tariff and fixed the rate at eighteen cents from Chicago and East St. Louis.
 On October 9. 1895. the Eastern Illinois Company filed with the com mission its commodity tariff. fixing . rate of six and one quarter cents on oil from Dalton. III. to East St. Louis and providing that out of this rate a switching charge of not to exceed three dollars per car would be absorbed on shipments from Whiting. Ind. On July l, 1903, sixty days prior to the beginning of the period covered by Illinois issued its joint tariff No. IT, 679 This general class tariff pro- vided that between Chicago suburban stations, including Whiting. Indiana. and East St. Louis. Illinois. the cur rent rates In effect from Chicago. Illinois. should apply. except on coal. coke, grain and products, lumber and articles taking the same rates or ar bitraries higher, livestock and hay.
 "Oil was not included in the commo- ditfes thds excepted from these class rates. Among the tariff specially named and connection with which this schedule was to be effective were lar in No. 1886, above mentioned. which fixed rate of IS cents per hundred pounds on oil from Chicago to East St. Louis. and the tariff herein before referred to which the Eastern Illinois Road was a party, which is described as a tariff in classes and commodi- ties between Chicago and East St. Louis, and which also showed the rate on oil to be IS cents" The court held that its effect was to exhibit to the general shipping public a rate of IS cents on oil from Whiting to East St. Louis.
 The court then recites that on July 2, 1903, one day after this tariff be- came effective. the Eastern Illinois Company. apparently recognizing that the six and a quarter cent rate shown by it's schedule, No. S.073, effective in October, 1895. issued what it denom- mated "amendment No. 1 to tariff No 7988," that being the Eastern Illinois class tariff of September. 1895 which had fixed a rate of IS cents per hun dred pounds on oil from Chicago to East St. Louis. and which was ein- braced within the general class tariff referred to. This amendment purport- ed to cancel the IA cent Whiting East St. Louis oil rate. shown on the tariff filed with the commission in De- tober 1895, and named commodity rate on oil of 1-4 cents per hua-