The San Francisco call., 1909-02-24
RFBATING PENALTY
UPHELD ON APPEAL
Supreme Court of United States
Afirms SlOS,OOO Fine
Against Railroad
pealed with the result that it obtained
a reversal of the lower courts holding.
ARKANSAS LAW UPHELD
Continued from Page L

a reversal of the lower courts holding
ARKANSAS LAW UPHELD
Deciding the case of the Hammond
packing company of Chicago VS.. the
state of Arkansas favorably to the
state the supreme court of the United
!, States today upheld the constitutions
/ ality of the antitrust law of Arkansas
The company was fined $4,000 in the
Arkansas state courts for failure to
observe the law.
The supreme court also decided the
case of the Cumberland telephone com
pany VS.. the railroad commission of
Louisiana, involving the right of the
commission to reduce the company's s
! long distance rates, favorably to the
state.
PUTS BAN ON FRANKS
In an opinion by Justice Day in
various cases of the United States
against express companies the supreme
court today held that under the Elkins
| law express companies could not legally
frank the property of their own en-
ployes or those of other companies.
| The decision held that to grant this
privilege would be to exercise an undue
preference under the law prohibiting
the giving of rates not included in the
published schedules.
Justice Day in his opinion declared
there was no reason why congress
should not grant the express companies
the privileges enjoyed by the railroad
companies, but that the law must be
applied by congress and not by the
courts.
Bar Farmers Jury"
CHICAGO. Feb. 23.-The retrial of
the Standard oil company of Indiana
was unexpectedly delayed today when
I
quashed the panel of $50 veniremen be-
cause of the large proportion OF farm
ers among those summoned
brought in the verdict making Lands
| fine of $29,240,000 in the original case
possible. Attorney John S. Miller Of
the defense promptly, reminded the
| court that the panel contained but
three Chicagoans.
1T looks like design. or a strange
coincidence" commented Judge Ander-
son.
Il don't want to start in this hearing
feeling that there is something not
quite fair 1 think this panel ought
to be set aside. l will instruct the jury
commission to put In $50 names of men,
a good proportion of whom shall be
good businessmen from Chicago and
Cook county. This case is tried in
district composed of an enormous COM
mercial city and several rural coun-
ties. The country may have purer air,
higher moral standards and greater in
an open question. However. I am not
going out side the issue when l say
that If the jury were composed partly
OF businessmen who would realize the
great industrial and commercial phases
of the case a more satisfactory and
just verdict may be reached"
Judge Anderson said he would hear
argument of counsel tomorrow as to
whether shipments or settlements of
freight charges constitute the offense.
There were. 1t is charged, SO settle
ants Of fro fch Oh In
shipments made by the Standard. Ac-
l5cepting this view. a maximum fine of
100000 is possible.
Market Feels Decision
NEW YORK, Feb. 2S-Following
London's lead, the local stock market
displayed marked weakness at the
today bayns the In tb beunt Of the at
Steel and other metal stocks. United
States Steel common sold off Ia on
heavy trading. at the outset, later add
ing to its decline. United States Steel
preferred also. was heavily traded in
and sold off almost two points in the
initial trading. There also We're heavy
mon and preferred. Colorado Fuel and
Iron, Sheffield Steel. Amalga-
mated Copper American Smelling. Ma
Consolidated Gas. In the railroad LIST
the losses were not so severe, although
extending to a point in Erie, Chesa-
showed further weakness later. bur
with evidence of support in the rail
road group
PRICES DECLINE
During the noon hour the stock mar
ket suffered another severe decline in
prices, concurrent with advices from
Washington that the United States SUI
preme 2court had decided against the
New York Central railroad in the mat
ter of alleged rebates to the American
sugar company.
United States Steel common sold as
low as 425s, loss from Saturdays
closing of 8 g points. Reading was az
points below the opening. and the Har-
riman stocks. as we'll as the general
active list, fell to lower level.
Trading during midday was in very
heavy volume and bore the marks of
liquidation.
The market showed signs of demor-
alization during the afternoon. violent
breaks In prices occurring in many Sc
curities.
FEAR ADVERSE DECISIONS
Fears of adverse decisions by the
United States supreme court in the
coal roads and commodities suits were
increased by the decision in the New
York Central rebatfng case. A number
of stocks which have made extreme adj
vances later relapsed perceptibly. The
aware. Lackawanna and Western 6h
New York Central, AZ, and many other
stocks 31z to points.
The market continued very weak and
excited during the final hour A brief
rally resulted from purchases to cover
stopped the downward course for only
a short time. The lowest prices of the
day were recorded in the last few
minutes of trading.