The Montgomery advertiser., 1908-01-28
STANDARD ON TRIAL
ATTORNEYS CLASH ON ADMISSION . OF EVIDENCE.
Produced Tariffs On Which Celebrated e2e,0oO, GOO Fine Was Imposeas shewn Discrimination fo@
 Trust.

Washington.. Jan. 27.--At the outset of the hearing today in the case or the Government against the Standard | OH Company for the annulment of the charter of the company, counsel for the Government and for the Standard be- came involved in contest over the admission of some statements by the Government witness. B. Dana Durand. Deputy Commissioner of Corporations. 'sDid you apply to the Chicago and Western Illinois for tariffs on oil from whiting. Ind, to Southern po:nts?'' asked Frank B. Kellogg, Government counsel.
 T did" replied MT. Durand. "It was about Nov. {. 1905. General A S. Dodge. Third vice-President of the Chicago and Eastern Illinois showed me a draft of hts reply to my request. Sub sequently either that day or a little laters General Dodge gave me a state ment@
 "were the rates named to you from Whiting. Ind, to Southern points the same rates charged to those points against the Standord Oil Company" asked Mir. Kellogg.
 They were not" replied Mir. Durand.
 To this line of questioning, Mir. Ros- enthal. counsel for the Standard. ob- Jected as .fimmaterial and inccmppt- ent."
 Unless Mir. Durand is permitted to testify to the features of this state ment. shall introduce the original statement" declared Mir. Kellogg. Tn fact, I offer the statement now" con tinued Mir. Kellogg. "It shows that the rate in the tarsff was one figure and the charge for tho transportation to the Standard Oil Company was an- other and a lesser figure"
 Mir. Durand submitted what is known s-fA nA T aa Tariff Association No. 24. This was the tariff on which the Standard oil Com pany was convicted and fined over $2s,- eco 900 for accepting rebates.
 To the introduction of the tariff Mr. Rosenthal objected. because no concur renee was shown in the tariff by the Chicago Terminal Railway and, sec ondly, because the Chicago and Alton Railroad was not party to it.
 Dr. -Durand presented various tar iffs of the Chicago and Alton on pe- troleum fEohs Chicago points to East St. Louiss all of which, he maintained. applied to shipments of oil from Whit inf. Ind. Among the tariffs was one of 6 cents per 100 pounds on oil from Chicago to East St. Louis.
 Did you inquire of any Chicago and Alton ofiicial?' suggested MT. Kellogg. "as to whether the cent rate was a public or a secret rate?"
 q did" replied Mir. Durand. T talked to both Mir. King and MT. Bla- bow together One or the other of them said in substance regarding the cent rate that 1t was not intended to come to general Knowledge and that 1t was the purpose of the Alton to keepfit secret from other railroads. It was considered necessary to file that 6 cent tariff with the Interstate Com merce Commission because the Alton officials regarded shipments from Chi- cago and Chicago points to East St. Louis as -intrastate traffic."
 At the instance of Mir. Kellogg. MT. Durand presented various tariffs of the Chicago, Burlington and Quincy Road. showing that that line had been a par ty to tariff No. 24, and that It's rates on oil from Whiting to points in the Southwest had been made in conform ity to tariff No. 24.