The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-03

from Whiting to East St I.ollis The
court held that this fact should be
considered in mitigation if true al
though inadmissible before the Jury as
to guilt or innocence, and the court
after verdict had been given directed
the production of all schedules by
that railroad. From these, il appear
ed that the Eastern Illinois, in con-
nection with other railroad COMPANIES
issued and filed with the commerce
commission class tariff and fixed the
rate at Is cents from Chicago to East
st. Louis. On October 8, 1895 the
Eastern Illinois company filed with
the commission its commodity tariff
fixing a rate of 6 Il cents on oil from
Dalton, Ill, to East st. Louis and
providing that out of this rate a
switching charge of not to exceed
three dollars per car would be abb
sorbed on shipments from Whiting,
Ind. On July 1, 1903, sixty days prior
to the beginning of the period covered
Eastern. Illinois issued its joint tariff
No. 1853. This general class tariff
provided that between Chicago subur-
ban stations, including Whiting, Ind,
and East ST. Louis. ILL.,, "the current
rates in effect from Chicago, ILL.,,
should apply, except on coal, coke,
grain and grain products, lumber and
articles taking the same rates or ar
bitraries higher. live stock and hay
Oil was not included in the COM
modities thus excepted from these
class rates. Among the tariffs speci-
f1cally named in connection with
which this schedule was to be effec-
tive was tariff No. 1886. above men
toned which fixed rate of IS cents
per hundred pounds on oil from Chi
cago to East st. Louis and the tariff
herein before referred to, to which
the Eastern Illinois road was party.
classes and commodities between
Chicago and East st. Louis" and
which also showed the rate on oil to
be Is cents The court held that its
shipping public rate of Is cents on
oil from Whiting to East st. Louis.
Amendment of Tariff.
The court then recites that on July
"a, 1908, one day after the tariff be-
came effective, the Eastern Illinois,
apparently recognizing that the effect
of this tariff was to nullify the six
and a quarter cent rate shown by its
schedule No. S073 effective in October,
1895, issued what it denOminated
amendment No. 1 to tariff No. 1886"
that being the Eastern Illinois class
tariff of September, 1895, which had
fixed a rate of Is cents per hundred
pounds on oil from Chicago to East
st. Louis and which was embraced
within the general class. Tariff re-
ferred to. This amendment purported
to cancel the 6A cent Whiting-Ea
st. Louis oil rate shown on the tariff
filed with the commission in October,
1895, and named a dity rate on
oil of Il cents per hundred pounds
from Chicago and Dalton Junction,
Ill, to East St. Louis. However, this
amendment No. l was not filed with
the interstate commerce commission
until March. 1906. one year after
the expiration of the period covered
by the indictment and nearly three
years after it's issue. In view of these
facts the court held that the Eastern
Illinois situation could not serve the
accepting by the defendant of the I'M
lawful Alton six cent rate.
The court then reviews it's action in
determining what corporation held the
stock of the defendant Standard Oil
company of Indiana. This demonstrated |
that very large proportion of the stock
was held by individuals for the stock |
holders of the Standard Oil company of
New Jersey. which has outstanding !
stock of approximately one hundred |
million dollars.
The Real Defendant.
The court discusses at length the var
io1s defenses offered by counsel and |
says the nominal defendant is the
Standard Oil company of Indiana a mil |
lion dollar corporation. The Standard (
OIL company Of New Jersey. whose cap |
ital is one hundred million dollars, is the |
real defendant. This is so, for the rea-
son that if a body of men organize a |
large corporation under the laws of one |
state for the purpose of carrying on bus /
ness throughout the United States, and !
for the accomplishment of that purpose
absorb the stock of other corporations, |
such corporations so absorbed have |
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