The Birmingham age-herald., 1908-01-25
Standard OII Investigation Under
 Full HtadWg
REBATES ARE MADE OA OIL
Difference of Opinion Between Counsel Leads To Sharp Debate Upon the Writing Upon the Vari-
 ous WaybiIls.

Washington, January 24.--In laying the foundation of it's case against the Stand ard Oil company in the suit for the an- nulment of the company's charter, the government continued today the examina- ton of E. Dana Durand, public com ! missioner of corporations before the state examiner, Judge Franklin Ferris.
 Mir Durand had presented in his testi- mony that various freight tariffs filed with the interstate commerce commission re- ! lating to the rates paid by the Standard Oil company for the transportation of oil particularly from Whiting, Ind, to Evansville, Ind, and East St. Louis
 The tariff, termed official, showed that the rates on oil was generally Il cents per 100 pounds The contention of the government counsel, Frank B. Kellogg. was that the railroads gave the Stand ard oil company a rebate, or a special rate, which made the rate paid by the Standard no more than SA cents per hun dred pounds and in some instances not more than 6 cents per hundred pounds MT. Durand testified today that while the shipments of oil were way-billed at Il cents per hundred. part of the shipments were carried at SA cents per hundred and the balance at cents per hundred.
 Mir. Durand explained that the collec- tion vouchers of the railroad, which he exhibited, showed that the amount actu- ally paid by the Standard oil company for shipments he referred to was less than the rate fixed in the official tariffs filed with the commission.
 Mr. Durand testified that Athens, Blue Ridge. Columbus and Elberton, in Geor- gia, Humboldt, Springfield and Mckenzie, in Tennessee and Eufaula in Alabama, took the rate of six cents per 100 pounds on oil from Whiting, Ind, although the regular tariff rate was II cents.
 In the course of MT. Durand's tesl- mony he presented some of the documents of the Chicago and Eastern railway which bore memoranda in red ink.
 MT. Rosenthal counsel for the Standard, objected to any memoranda made by an unknown person and without authority not definitely shown.
 If these memoranda are inserted in the tariffs. said MT. Rosenthal, we want opportunity to examine the individual who made them.''
 MT. Kellogg, counsel for the govern ment. retorted that he would show the connection and responsibility of the rail- road company with the memoranda and if he did not, the testimony could be rejected at a later time.
 Deputy Commissioner of Corporations Durand was on the stand throughout the day testifying to rates given the Stand ard Oil company by the Eastern Illinois and the Illinois Central railways and the different ways of making shipments of oil.
 A sharp difference of opinion arose be- tween counsel for the government and counsel for the Standard. Mr Durand testified that certain waybills which he had examined personally in the office of the Illinois Central railroad bore two kinds of handwriting in different kinds of ink, from which fact he was led to infer blind billing had been put in and afterward the new matter had been inserted in the waybills. To this testimony MT. Rosenthal counsel for the Stand ard Oil company, objected, insisting that the inference of MT. Durand was not competent evidence He said that MT Durand might testify competently to the fact that he saw different handwritings in different inks on waybills, but that his inference was not evidence. After an informal discussion among the attor- neys, 1t was agreed that the evidence should be submitted. but that counsel for the defendants should have oppor- tunity to check up all papers and doc uments submitted from the files of the railroad, with subsequent opportunity to cross examine the witness on the evidence so submitted