Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-03-11
End of Celebrated Twenty-Five
Million Dollar Fine Case Com
pIete VindiCation Of Rocke-
feIIer Corporation.
VERDICT RESULT OF
COURTS INSTRUCTION
Judge AnderSon's Rulings Dur
ing Trial Result in Hopeless
Collapse Of Government S.
Case.



Chicago, March 10.-'Not guilty.
This is the result reached today ii
the governments famous suit against
the Standard Oh company of Indiana.
The suit OF the government where
in the defendant company at one
time faced fine of 9.240, 600 at
the hands of Judge lands on a
charge of having accepted rebates on
freight from the Chicago x Alton
railroad, came to an end abruptly
Judge Anderson, before whom the
case was brought after reversal by the
United States court of appeals. in
structed the jury to find verdict of
not guilty
Judge Anderson's decision was not
altogether unlocked for he having
previously announced that the proof
relied upon the first trial was incom-
petent and il was with something like
an air Of hopclessness that District
Attorney Sims and his assistants at
tempted to show the admissabilty Of
the Illinois classification to, prove the
existence of a legal rate of Is cents
which was vital point in the gov
crnmeut's contention,
fhc decision of Judges G1osscuI
Baker and Seaman of the United
States circuit court OF appeals, re-
Nersing Judge Lands, together with
the action of the United States sh
preme court in refusing to review the
decision of the court Of appeals play
ed an important part in disposing of
the case.
The question of whether the cele
brated case should be continued hing
ed on the introduction as evidence OF
tarif "a in its application to the Hi
nois classification issued in 1899 max
ng a rate of Is cents on oil from
Whiting. Ind. to East st Louis AMI
which conviction in this case could
tended had been superseded by later
classification Judge Anderson eX-
planned his position TO the jury and
announced that il the case was to 80
to the jury and verdict was return
ed he could do nothing but set aside
the verdict
There is absolutely nothing OIL
whhfc a conviction in this case could
stand before any court in this coun
try" the court said in concluding his
charge to the jurors The govern
mcnt has failed to prove its conten
tion that the l cent rate was the law
full rate between Whiting and Easl
st. Louis and that the defendant had
Wilfully accepted a lower rate ana
there is nothing to do but for the jury
to find verdict of not guilty.
Judge Anderson's charge to the jury
was:
Gentlemen of the jury:
II have made up my mind to end
this case You as jurors have per
functory office to perform and th'
evidence YOU have heard. as present
cd by the government may have Civ
on YOU some opinion of your own as
to how this case should be decided
You have no arbitrary power Neither
have /, as a federal judge, any such
power. l am bound by the law a.
you are.
The standard oil company has
been indicted and the government
AYERS in its indictment that rate OF
rs cents per 100 pounds on shipments
OF oil was fixed standard and that
regardless of this. the Chicago Al
ton railroad gave the defendant con
cessions. allowing the oil company t.
ship oil over its round at rate OF
six cents. The government failed to
prove this charge
The standard oil company Is
charged with criminal offense ano
therefore before jury can find the
defendant guilty it must he satisfied
beyond all reasonable doubt that theei
was a definitely fixed rate Of is cents
Altogether. I feel that the govern
ment has failed to sustain the allesa
tions in the indictment against the
Standard oil company Should this
jury find the defendant gully ! woula
ser aside such verdict instantly as
know the United states court of ap
neals would.
The foreman OF tho jury then sieneo
this verdict;
We, the iur,, find the defendant
not guilty.
United States District Attorney Sims
admitted that he was greatly disap-
pointed at the outcome Of he case
As 10 further prosecution Of the
Standard oil company. he said. -
will he unable to make statement
until | have conferred with the at
terney general at Washington. We
made the best find We could and hung
on until the last but the court ruled
against IT,"
Moritz Rosenthai. counsel for tho