The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-08-04

commodity rate, and the chairman Of the
Chicago and IT. Louis Traftc Association,
tho association issuing the IL cent rate,
under oath testified that u was never applied
and v intended to apply to oil.
The period OF time covered by the In
dictment In this case was from September l,
1908, to March 1. 1905. h rate on oil be-
tween Chicago and East 81. Louis over the
Alton for fourteen years, from 1891 TO 1905,
was always 0 cents per 100 pounds. This
was an open published rate known to every
one concerned In the shipment OF oil and
generally known In all railroad circles In,
being in Illinois the railroad company was
under no legal obligation TO file this rate
with the Interstate Commerce Commission
Mt Washington. but Whiting being in In
diana, shipments from Whiting to East Sc.
Louis were technically, at least, interstate,
and hence the Alton fied with the Interstate
Commerce Commission what In known as
an application sheet, applying to Whiting
the Chicago rate, and deemed the fling
Of the application sheet all hat was neces-
sary under the law.
For over thirty years by custom all Of
the little industrial towns grouped about
Chicago, and which are in reality an IS
sential part OF Chicsso and 60 to make
up It's industrial strength, have been given
b same freight rates az Chicago. The
reason for this is Of course apparent and
IL is because Of this uniformity OF freight
rates that Chicago as the centre Of this group
In to-day a city OF over 1000 900 inhabi-
tants. II Whiting, Pullman, Hegewisoh
and South Chicago did not get the same
freight rates as Chicago manufacturing
establishments in these towns would be com-
PEELED to close their doors. Because of this
condition n situation railroads created
what Ia known as the Chicago Switching
District, which includes Whiting and all
Of these other little manufacturing towns
in and around Chicago. These towns are
further unified by a belt line railroad which
encircles Chicago and connects this entire
industrial system With the trunk lines adiat
ing from Chicago"
II the Standard is guilty In this case.
says President Monett. 80 Is practically
every other shipper in that manufacturing
territory. The Standard wanted to show
that the Chicago and Eastern Illinois Rail-
road had a lawful published rate Of six
East st. Louis and that the Standard shipped
about one-third it's oil. or 1000 cars, over
the Chicago and Eastern Illinois. 30 that
IL couldn't possibly ave had a motive
Alton. The court. says President MoKett,
wouldn't allow such evidence to be intro
duced. 1t was desired. also, he states,
to show that packing house products.
between the same points and for the same
time. were carried under a commodity
rate-linseed oil, for instance. at eight cents
a hundred-but the Government barred
such testimony.
Under such circumstances" the state
ment continues, "and in view OF the fact
that petroleum had been openly carried
over the three roads from Whiting to East
st. Louis for from ten to fourteen years
for six cents. what n draft 1t is On human
credulity for the prosecution to assert
that IS cents was the only possible legal
rate. . . We insist that the facts.
many Of which the court did not permit
us to show, not alone demonstrate inno-
cence, but inherently forbid the idea OF
guilt.
I'VE further insist that whatever msy
be ones technical view Of the law relating
to the above questions every equitable
| consideration Is with the defendant. and
IL the only desire was to give this defendant
a square deal this prosecution would never
have been instituted.
THE American public not only believes
in fair play In the abstract. but with all
the facts before it il has the capacity to
determine whether a defendant. rich or
poor, has received asquare deal.
For all these reasons the Standard Oil
Company asserts that it 10 not even tech
nically guilty and that it ought never have
been prosecuted because OF the claimed
failure of a railroad company-which has
neither been indicted nor prosecuted
to file its tariff. and hat the prosecution OF
this defendant under the circumstance
Of this case is a prostitution OF the spirit
and the high purposes OF the Interstate
act"