The Birmingham age-herald., 1908-01-28
DIFFERENT RATES
 ON TARIFF SHEETS Discrimination Is Shown By Railroad Companies STANDARD OIL RATE IS CUT Deputy Commissioner of Corporations Durand Testifies That One Road
 Gave Cheaper Rate To
 Standard oil Go.
STANDARD OIL RATE IS CUT

Washington, January 27.-At the outset of the hearing today in the case of the government against the Standard oil company for the annulment of the char ter of the company, counsel for the gov ernment and for the Standard became involved in a contest over the admission of some statements by the government witness, E. Dana Durand, deputy com missioner of corporations.
 Did you apply to the Chicago and Western Illinois for tariffs on oil from Whiting, Ind, to southern points?" asked Frank B. Kellogg. government counsel.
 T did" replied MT. Durand. Tt was about November 1. 1904. Gen. A. S. Dodge, third vice president of the Chicago and Eastern Illinois, showed me a draft of his reply to my request. Subsequently, either that day or a little later, General Dodge gave me a statement.''
 Were the rates named to you from Whiting, Ind, to southern points the same rates charged to those points against the Standard oil company" asked Mr. Kellogg.
 They were not" replied Mr. Durand
 To this line of questioning,A MT. Ro- seminal, counsel for the Standard. ob- jected as ''immaterial and incompetent"
 Unless MT. Durand is permitted to testify to the features of this statement, l shall introduce the original statement '' declared MT. Kellogg. Tn fact, I offer the statement now" continued MT. Kellogg Tt shows that the rate in the tariff was one figure and the charge for the transportation to the Standard Oil com pany was another and a lesser figure"
 MT. Durand submitted what is known as fTarfn 24," or Chicago and St. Louis Traffic association tariff No. f. This was the tariff on which the Stan dard oil company was convicted and fined $29,0o0,00o 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, second ly because the Chicago and Alton rail- way was not a party to 1t.
 Mir. Durand presented various tariffs of the Chicago and Alton on petroleum from Chicago points to East St. Louis, all of which he maintained. applied to shipments of oil from Whiting, Ind. Among the tariffs was one of cents per hundred pounds on oil from Chi cago to East St. Louis.
 Did you inquire of any Chicago and Alton official" suggested MT. Kellogg, ''as to whether the cent rate was a public or a secret rate?"
 T did," replied MT. Durand. 'T talked to both Mir. King and MT. Blabow to- gether. One or the other of them said in substance regarding the cent rate, that it was not intended to come to general Knowledge and that it was the purpose of the Alton to keep it secret from other railroads. It was not con- sidered necessary to file that cent tariff with the interstate commerce commission, because the Alton officials regarded shipments from Chicago and Chicago points to East St. Louis as intrastate traffic."
 At the instance of MT. Kellogg MT. Durand presented various tariffs of the Chicago, Burlington and Quincy road, showing that that line had been a party to tariff No. 24 and that its rates on oil from Whiting to points in the south west had been made in conformity to tariff No. 24.