, 1907-08-03
u,ncE LANDS ASSESSES LARG.
EST AMOUNT EVER RECORD
ED AGAINST THE iNDI-
ANA CORPORATION.

Convicted Of Relating on One Thou
sand Four Hundred and Sixty-two
Count and Given Maximum in
Each count-Matter Viii Be TAX
en- to Supreme Court in Effort to
Have Tremendous Fines Set Aside
Chicago. ILL.,, Aug. 3.-Judge Lands
in he United States district cour to-
day imposed a fine upon the tandard
Oil company Of Indiana of $2s.24Q.Ooo,
the maximum amount upon each OF
the 1,462 counts of the indictment on
which that company was recently con
yicted of rebating.
Wants Railroad Punished.
The Judge recommended that call
he issued for a special grand jury to
consider the other party to the rebat-
ing operations Of which the Standard
Oil company was found guilty, and 1t
is. therefore, probable that within a
short time proceedings will be COM
menced against the Chicago and Alton
Railroad company for the alleged
commission of similar offenses.
Court Room Packed.
The court room was packed to Its
utmost capacity while Judge Lands
was reading his decision. The de-
tense had commended that the Elkins
law authorized prosecution for but
one offense, and maintained that
there could be conviction on only one
count.
Many Violations.
The court held that the law is VIC
lated every time any property is SO
transported, as the legal rate was es-
tablished by the railroad company on
a carload lot basis.
Law Governing Carrier.
AS to the defendants claim that
representations by the Alton had mis-
led the Standard into the sincere be-
lief that the Alton 6-cent rate a
been filed with the interstate com
mercc commission, the court held that
as the law required the carrier to
keep a schedule at its freight office
for public inspection, it was defend
ants duty to ascertain at the railroad
ofices whether the rate was SO filed.
Rate Filed Too Late.
As to the evidence offered by de-
PENDANT to the effect that during the
period covered by the indictment the
Chicago and Eastern Illinois railroad
published an open rate Of GA cents
from Whiting to East st. Louis, the
court said that fact should be consid-
cred In mitigation, II true, u he
found from an examination of the
Eastern Illinois schedules that this
rate was not filed with the interstate
commerce commission until one year
after the expiration Of the period COW
cred by the Indictment and nearly
three years after its issue, and so it
could not serve the purpose of excus-
ing OF palliating the acceptance by
the defendant of the unlawful Alton
6-cent rate.
Not to Be Paid All at Once.
The record fine will not come at
once into the Golfers Of the govern
ment. The attorneys for the trust
are prepared to appeal the courts
action to the supreme court of the
United States, where the fine will be
contested, not only because Of its size,
but because of the other
objections hat have been urged by
the trust throughout the trial of the
case.
Entire Record Involved.
The supreme court will have to go
over the entire record of the case,
which constitutes the biggest record
ever taken to the supreme court in a
criminal case. fa
Going to Higher Courts.
The higher court will have to pass
upon the merits of the entire litiga-
ton, starting with the contention that
the repeal of the Elkins law by the
new railroad law granted immunity
to all offenders prior to the date OF
the passage Of the new law, and run
ming on down to the last point raised
in the fight as to the right of the
court to consider any other company
than the Standard Oil company Of
Indiana in fixing punishment.
Only NomlnaIly Defendant.
The court held that while the Stand
ard Oil company of Indiana was the
nominal defendant, the real defendant
IL the Standard Oil company Of New
Jersey. with a capital Of $1,000 0 900.
for the reason that II a body of men
organize . large corporation under the
laws Of one state for the purpose of
carrying on business throughout the
United States, and for the accom-