Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-14
COUNTS FAIL ON ERROR
Court is Forced to Throw Out 40
Out of 1908.
ALL UNDER THE ELKINs LAW
If the Verdict is Sustained. Company
Must Pay Fine of
$2s, 2eO, 900.

The case of the United States
against the Standard Oil Company
OF Indiana. charged with accepting
rebates from the Chicago and Alton
railway on shipments between Whit
ing and East St. Louis, which has
been on trial in the federal court for
several weeks, was given to the jury
at OILS o'clock last night. and in
three hours the jury brought in a
verdict OF guilty of I,463 counts.
CHICAGO. April 13.-The Standard Oil
Company of Indiana. which has been on
trial for six weeks before Judge X. NJ
Lands of the United States district court
tonight was found guilty on 1.463 counts OF
receiving rebates from the Chicago and
Alton railroad shipments of oil from
Whiting. Ind. to East St. Louis. III. There
were originally l,903 counts IN the rdict-
ment. 40 counts failing on errors.
II the verdict is sustained the oil com
pany is liable TO maximum fine Of SO
dictment charged the company violated
provides fine of 81 900 TO $40 900 for each
offense. Pending a new trial. which John
S. Miller. chief counsel for the defense. an
nounced would be made Immediately. no
penalty Will be fixed by the court. Each
count related to carload shipmne.t
The Six-Cent Rate
when the case came to trial the attor-
neys for the defense endeavored to have
all the counts in the Indictment thrown
out on technicalities. but the court or
dered that each count be taken up and
considered separately, which was done
The 40 counts in which errors wer.
found were dropped. The defense then
put all Its efforts toward proving that
they were unaware of the fact that the
siX-cent rate had not been filed with the
interstate commerce commission. "a pro-
vided by the Elkins law Evidence WAS
offered by the government showing that
1T was the duty of the company's officers
to see whether the rate was in the hands
OF the interstate commerce commission
touching on this point Judge Lands. in
his charge to the jury, said
This indictment alleges that the de-
PENDANT accepted a concession knowingly
establish that the defendant had actual
knowledge % the lawful rate
The Lawful Rate.
1t as the duty of the defendant diligent.
ly to endeavor in good faith to get from
the Chicago and Alton Railway Companv
the lawful rate by applying to one of the
company's officers. In making this en-
deavor the defendant is presumed to have
known that the railway company would he
guilty of misdemeanor IL it gave the de-
PENDANT rate on interstate traffic which
was not set down on paper and a copy OF
the schedule filed with the Interstate COM
merce commission
In regard to an assertion made by tho
defense that the Standard OIL Company
did not know of the existence of the tarifr
on which the indictment was based Judge
Lands said the evidence submitted by
the government vent to show that there
was department in the Standard OH
Company which dealt with oil lots less
than one carload, and that il apparently
would have been necessary for the head
OF this d" 9artment to be familiar with
the tariff in question.
The jury was out less than three hours
and reached the verdict on the first ballot.