Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-22

Chidago, July 22.-The United States
court of appeals today reversed the
decision Of Judge Landis Of the United
States district court, in the case of the
{ Standard Oil Company Of Indiana, in
which Lands inflicted a fine Of $685.
100000 upon the company. The court
Of appeals remanded the case to the
lower court for q new trial.
The decision handed down today by
the United States court OF appeals was
on the appeal made by the Standard
OIL Company OF Indiana from the YER
dict rendered April Is. 1907. by which
the company was found guilty Of ac-
cepting rebates. and was later fined
by. Judge Lands OF the United States
district court, $2s,24o.O0O, the maxi
mum under the counts Of the indict-
ment-
Fined for Relating.
Lie SpSCUlCF Suel &c 061AAoS SAAS
Standard wal, that It had accepted re-
bates on shipments Of oil In carload
lots from Whiting. Ind. to East st.
Louiss Ill, over the Alton railroad, the
evidence adduced at the trial showing
the company received rates one third
as large as other shippers were obliged
to ray. It was contended by counsel
for the oil company that the rate was
not secret. but the jury found other-
wise
Rockefeller 4 Witness.
During the trial counsel for the com
pany refused to give the information
called for by Judge Lands. after he
had taken the case under advisement.
The court thereupon issued subpeonas
for OFFICIALS 81 the Standard Oil con-
pany Of New Jersey. among them John
ID. Rockefeller. These officials appeared
& In court July 8. 1907, and were per-
sonally examined by Lands. It devel-
Foped from questions put by the court
that the Intians corporation against
which the indictments had been re-
turned Is owned by the Standard Oil
company Of New Jersey, the earnings
Of which during the three years in
which occurred the transactions COW
cred by the indictment amounted to
nearly s2oo,oOo,O0o and that dividends
averaging 40 per cent per annum were
paid during that time.
Big Fine Assessed.
Lands, after keeping the case under
advisement for several weeks. passed
sentence on the Standard Oil company
Of Indiana OIL Aug. 8. 1907. The COM
pany entered motion for a new trial.
which was refused. It then appealed
from the decision Of the jury in the
district court on the ground that the
verdict was not based upon facts and
was unjustifable, and that the fine
imposed by lands was excessive. It
was on this appeal that the decision
today was handed down. The decision
OF the three appellate judges was
unanimous.
Court Opinion a Warm One.
Judge Grosscup wrote the opinion,
which was. very lengthy, and in part
says:
There are 1863 assignments Of errors
taking up 81 pages Of printed record.
In view Of the conclusion, however, to
which we have come to, 1t is necessary
to review many Of these assignments,
the ones reviewed covering all the
,1f law that are deemed
essential to the guidance Of the district
court in the event OF the second trial.
It is comprellensibly stated that the
assignm ents Of error which we shall
review, relate.
Shipper Not to Accept Concession.
"First-To the view adopted by the
trial court, and carried out in its rul-
ings on the admission and exclusion OF
evidence, and embodied in its charge
to the jury that the shipper can be
convicted Of accepting q concession
from q lawful published rate, even tho
It is not shown as bearing on the matter
OF intent and that the shipper, at
the time of accepting such concession,
knew what the lawful published rate
actually was.
'Secondly-'To the view adopted by
The trial court that the number Of Of
lenses Is the number of carloads Of
transported. irrespective Of
tvhetIer each carload ia a whole n.
part only Of a single transaction result
lnS n shipment