Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1907-01-05

JUDGE Lands FILES HIS DECISION
CONVENTIONS or DEFENDANT
TURNED DOWN IN ALL BUT
TWO INSTANCES.

C01CaSO, jan. f.-J uQSC LdRQlS, 1A
the United States district court, has
overruled the demurrer of the Stand
ard Oil company to eight indictments
pending against that corporation, but
sustained the demurrer as to two
other indictments because of technical
defects.
These prosecutionsp said the
court, "are for alleged violations OF
section l of the act approved Feb. 19,
1903, known as the Elkins law. The
charge is that the defendant obtained
the transportation of its property by
various railway companies at rates
less than those named in the carriers
published schedules. The offenses are
alleged to have been committed prior
to the enactment of the law approved
June 20, 1906, known as the rate law.
The indictments were returned Aug.
~, 1906"
The court ruled against the defend
ants contention that the Elkins law
was enacted really to prohibit the em-
ployment of indirect methods to OBJ
tain preferential rates, it being the
defendants contention that it was not
a violation of the law If a railway
company, dealing directly with a ship
per, gave that shipper cut rate.
The court also ruled against the de-
fendant's claim that the provision of
the Elllins law requiring shippers to
adhere to a published rate was void,
as being against that provision of the.
quired carriers to transport property
for a reasonable rate, the court hold
ing that carriers and shippers. We're
both required TO adhere to the pub-
lished rate until such rate was pub
licly changed in the manner provided
by law.
Knocks Out More Contentious.
The court further ruled against the
defendants contention that the indict-
ments were bad because the inter-
state commerce law did not require
railway companies to publish rates
between points beyond the carriers
oWn line of road, holding that if q
carrier, having made an arrangement
with connecting lines for the trans
portation of property beyond it's own
line, should thereupon publish rates
for the transportation of property be-
tween such points, the carrier must
be, therefore, held as to the shipping
public to have facilities for the trans
portation of property, to such points
beyond its own line and that the re-
quirement Of the law applied to such
a case with the same force that it ap-
piled to point on the carriers own
line
The court ruled against the defend
ants contention that the provision of
the interstate commerce law requiring
carriers to publish terminal charges
was not operative upon consignees,,
holding that in respect to such ter
ninal charges, inasmuch as the CON
signor would have but little, if any,
interest ia the question, the law plain 4
Y was intended to be binding on con-
'lgnees. The terminal charges in ques-
ion consisted of large amounts of
storage charges that had accrued on
petroleum consigned to the Standard
Dill company at Chicago and which
he indictment charges the Lake Shore
md Michigan Southern Railroad com
)any cancelled and released to the
standard Oil company, thus giving the
standard Oil company a rebate in re-
pect of the transportation of the |
petroleum.
The court also overruled the de-
contention that the present |
ate law went into effect prior to the
eturning of the indictments in the
ase at bar