The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-06
STANDARD OIL
TRIAL OPENS
Charged With Accepting Re-
bates in Violation of Law
TARIFF SHEETS SHOWN
Chairman of ST. Louis and Chicago
Tariff Association and Clerk of
C. & A. r. r. Called as
Witnesses.
TARIFF SHEETS SHOWN

Chicago, March 5.-In the trial of the
Standard Oil company of Indiana before
Judge Laudis today, Assistant District
Attorney James II. Wilkerson opened the
case for the government. He reviewed
the charges set forth in the Indictment,
claiming that the Standard Oil company
mad accepted rebates from railroads on
shipments of oil from Whiting, Ind, to
East st. Louis, ILL.,, in direct violation of
the law.
At the conclusion of Mr.. Wlkerson's
address, Attorney Miller, for the defense,
stated that the opening address for the
defense would be reserved until after
the government had introduced its evil
dcnce.
District Attorney Sims introduced a GER
titled copy of the articles of incorpora-
ton of the Standard OIL company of
Indiana and read it to the jury.
The district attorney then read several
freight schedules, showing that one of
them filed with the interstate commerce
commission January 5, 1900, made the
rate on oil between Chicago and certain
other common points to East st. Louis,
is cents. per 100 pounds. 1t is this rate
which the government claims that the
oil company and the railroads disregarded
by giving and accepting of rebates.
Inc first witness was Horace Tucker
chairman of the Chicago and st. Louis
tariff association in 1899. Mr.. Tucker
residence now is in New Rochelle, n. Y.
lie was asked how many railroads were
in the association. and replied
There were four when 1t was pay
ing expenses, but there were about ten
others at one time" Asked as to wheth-
er the Chicago and Alton was a MEM
Der, he answered in the affirmative, and
he was asked who was representative OF
the road
Fred a Wann. the freight agent" he
replied.
He then declared that Mr. Wann or
some other representative of the Alton
road, had cognizance of the making of
rates on OIL and of its Incorporation in
the schedule.
Mr.. Tucker was on the stand during
a portion of the afternoon and was ques-
toned regarding the sending of printed
tariffs to the various railroads.
On cross-examination he said that at
the conferences of the railroad repre-
sentat ives. at which the tariffs were
formulated. coal oil, coke and grain
were not discussed.
The witness said that it was generally
understood tnat THESE commodities were
exempt from the tariffs and were left
for the roads to issue individual tariffs
on.
During the ross-examination Mr.. Tuck
er was asked the names of the four
members of the association to which
he had referred to in direct testimony.
and answered they were the Chicago and
Alton; Chesapeake. Burlington and <uin-
eey: the Illinois Central, and the Wabash
railroads.
f. Hollands. tariff clerk of the Chicago
and Alton railway. was the second wit
ness. He identified distribution sheets
and the sending of tariffs to agents or
the railway and books of receipts from
the interstate commerce commission for
tariffs filed with it. Attorney Miller. for
the defense, by questions forced the wit
ness to say he had no knowledge that
the tariffs reached the persons or cor
porations whose names were on the list.
the witness testifying that he gave the
boy in charge of the mails instructions
to send them out. Some of the tariff
sheets We're shown to the witness. but
after a great deal of questioning he de-
clared that he could not identify them.