The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1907-10-11
Senator Rorah.

SAAt a
an imposing array Of counsel on either
side and 4 big crowd Of spectators in
attendance. Among Borah's attorneys
is James III. Hawley, senior counsel
for the state in the Haywood trial. 1t
is charged that los residents of Boise
county took out timber claims in their
ewn names. whereas they were really
representing others by agreement. The
conduct of Ruick before the March
grand jury had been impeached by the
defense and was under investigation
by a special jury at the time Borah's
trial began.
Eikins Law Cases Upheld.
The United States circuit court Of
appeals at Denver has affirmed the de-
cision of the lower court against the
Great Northern railroad in the rebate
cases. thus deciding in favor of the
government al important point to the
effect that prosecutions under the old
Elkins act are not invalidated by the
new Hepburn rate law. The higher
court holds that the Hepburn act is
amendatory and not repeating, and
that SO fur as it repeats portions of the
Elkins act it continues them in force,
and that in SO far as 1t omits or
changes the provisions of the Elkins
act it repeats them. The offenses con-
sist in granting rebates on shipments
Of grain by a Minneapolis dealer to
Seattle in 1906, the published schedule
at that time being so cents a hundred
and the shipper being allowed from 10
to 20 cents Il hundred rebate. This
decision affects Il dozen other impor-
tant cases, among which is the Stand
ard Oil $29,O0O.O0O fine.
Oil Trust Books Not Found.
Two books showing the stock trans
actions by which the Standard Oil
Company of New Jersey took over con-
troll Of nineteen subsidiary concerns
which had been allied with the old
Ohio trast have disappeared from the
vaults at &c Broadway. They are the
ledger and stock book kept by Trans
fer Clerk Bensinger between 1892 and
1899. These are the books which Gov
eminent Counsel Kellogg asked the
Standard officials to produce before
Examiner Ferris ut New York. Clerk
Bensinger testified that he left these
books in the vault in 1900 when the
work of liquidation was over. Later
Counsel Milburn for the company re-
ported that the books had disappeared.
and no official of the company could
give any information concerning them
or my idea as to where they might
be. Mr.. Kellogg announced that ne
would have the books if they We're IL
existence, and, il not, lie would, know
what had happened to. them and why.
In examining how the transfer was
made MI. Bensinger said that holders
Of trust certificates would present these
at his office and have them cancelled.
receiving instead Il corresponding mum
her of shares III the New Jersey com,
many.
Light was thrown on the trusts deal
ings with the SO called independent
oil companies when it was shown how
ny n system of agreements the lnde-
endents were obliged to buy their
crude oil from the Standard. 1t being
TINT no refined oil should
he exported to Europe except through
the. trust. Should amy COMPANY ,vio-
late this agreement their supply or
crude oil would he cut off u they
would have to close their retinerles.
These facts were brought out ny the
testimony OF Secretary BENSON OF the
NdeWater Pipe Line COMPANY and
president Of the Tidewater ON
company. which controls the Tide,Tater
Pipe Line: The Standard owns nearly
One.thirl of the stock in these con-
serns! Mr.. Benson. told how In 1883
thu Standard tried to get control OF
the Underwater, and the books OF his