New-York tribune., 1907-08-05
TO PUSH OIL CASES.
Statute of Limitations Forces Haste
4gainst alton.
rBv Telegraph to The Tribune


Crfcapo Aug. 4-PreparatiCns for the second
federal INQUIRY into the relations between the
standard oil Company and the Chicago &c Alton
road ordered by Judge kenesaw Lands on Sat-
urday. viii begin tomorrow morning The can
for the grand jury viii be issued and District
Attorney Sims with his associates. viii go over
all the evidence presented at the recent Stand.
ard oil triaI-which resulted in the huge fine
and select the witnesses TO be subpRnaed.
It DEVELOPED to-day that the reason for has.s
in this matter IS that the statute OF limitations
is running against the government and because
f II the Alton viii escape reindictment on be-
tween so and 100 counts of the 1852 on which
tn, standard Oil Company was convicted last
spring
This statute Of limitations bars prosecution
ON offences committed more than three year,
bafc~e Indictment. Many OF the shipments On
which the standard oil was convicted Of secur-
ing rebates occurred between September. 1903,
and August 1904. and the longer this second in
vestigation is deferred the less the Alton will
have to answer for
when the grand jury Corvenes on August "a
:, few days viii suffice to present the evidenc,
against the Alton. The jury will be drawn from
the old Northern District of Illinois, and con-
slider infractiOnS of the Elkins law occurring
from August 1901 until March, 1905. Subse-
GueutIy another grand jury viii be summoned
from the new district and take cognizancs OF
offences committed from March. 1905. until June
1906 when the EIkns law was repealed by ths
new rate law
The impending Indictment or the Alton and
DossibIv some of its and of the Standards OH
ciaIs came so much in the nature Of bomb
shell that one Of the officials feels qualified
to discuss it. The firm OF Winston, Payne 4
Strawn acts as counsel for the road Ralph "
shaw who has charge of most Of this legal
business is in the Adirondacks. and none q
the other members of the firm would say wht
would be done
The feeling in Alton circles. however. is that
the government is ungTateful in that II was
the, testimony Of Alton officials that rendered
the verdict Of guilty against the STANDARD pos
siblc
There was no understanding. tacit Or other.
wise however. that could have led the Alton
officials to expect immunity for their company
according to District Attorney Sims
/ The Alton gave certain evidence in the
shape of way bills and book entries" he said
| but had the road shown a disposition 70 deny
them to the government we would have secured
them by force The government therefore i5
under special obligations 10 the Alton, and
may proceed accordingly
There is little expectation that in the investi-
CATION on the conspiracy charge evidences viii be
secured directly connecting high officials IN the
STANDARD Oil Company Of New Jersey with the
[ rebatiug- There viii be effort indict any
one who would be sure 70 escape the trial.
nut the acts Of all those who would have known
about the Standardization arrangement VIII be-
scrutiuized closely II may be that indict-
ments OF individuals viii be returned, but the
District Attorney feels there - sufficient evil
denCC 10 warrant thorough investigation.
The belief Of attorneys for the government "a
that the case viii reach tho supreme Court in
time 40 be considered at the October term n
1905 This is based the idea that the case
will reach tho Court OF Appeals il time % be
heard during January. and that the judgment
viii be sustained there. While IL Is thai
rfr. orr -4b he
, docket. this being a criminal case, VIII have
precedence and get early hearing