The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1909-03-18
s2S,0O0,000 CASE
GOES OUT or COURT
Judge Decides to Instruct Jury to
Find Oil Trust Not Guilty.
ATTORNEYS CONTEND IN VAIN.

Was offered That Fixed Railroad
Freight Rates Existed Or That
Standard Oil Made Shipments Al
Reduced Rates.
Chicago Especially Judge Ander-
son decided to instruct the jury IN
the standard Oil case, in which the
s29,OOO,000 fine first was imposed
by Judge Landis, to find the company
not guilty.
In the face OF repeated rulings
by Judge Anderson tending to make
more difficult the proving OF their
case, the Government attorneys had
decided over night to abandon the
idea of additions to the bill OF par
ticulars. covering the defects pointed
out by the Court, and began argu-
ments in the hope of inducing Judge
Anderson to reverse his decision.
The Standard Oil lawyers express
ed the opinion that the case would
be brought to a close soon, but the
Federal attorneys said they were pro-
pared to fight until the issue was
actually thrown out of court.
View OF Government.
The first line of argument was
against the Courts indicated deci-
sion that the 1S-cent freight rate.
under which the indictment was
drawn, could not be established by
means of the Illinois classification.
According to the Governments point
of view, the published rate on oil
from Whiting, Ind, to East st.
Louis was ! 8 cents. This was estab-
lished by means of Tariff "a in It's
application to the Illinois classifica-
tion issued In 1893.
In 1900 a new Illinois classitica-
tion was issued, and the interpreta-
tion of the Courts opinion is that
this invalidated the old tariffs.
If there was no legal published
rate as the defense claims, the Oil
Company cannot be prosecuted for
making shipments at siX-cent rate.
The prosecution, which ended in
failure, after having once been tried
by Judge X. NJ. Lands. whose de-
cision, with it's fine of $29, 100000,
was reversed by the Court of APP
peals and the case remanded to the
District Court for second trial, had
it's beginning on August 27, 1905.
On that date 10 indictments were
returned by a Federal Grand Jury
charging the Standard Oil Company
of Indiana with accepting conces-
sions from railways in shipments Of
oil from Whiting. Ind.
Demurrers to two of these, in
volving shipments over the Chicago
and Eastern Illinois Railroad and
connecting roads to Grand Junction,
Tenn, were sustained and the i'm
dictments we're quashed shortly after
they had been returned. The eight
remaining bills were demurred to,
but the demurrers were overruled.
Two of the eight indictments In
volved shipments over the Chicago
and Alton Railroad from Whiting,
Ind, to East st. Louis, ILL.,, and st.
Louis, one containing 1903 counts
and the other 134 counts. 1t was
the ,903 count indictment on which
the Oil Company prosecution was
based.
Trial Before Lands.
With lac counts allowed to stand i.
the case went 10 trial before Judge
Lands on March 4, 1907. The trial
consumed six weeks and resulted In
a verdict of guilty on April 10, 1907.
Arguments for a new trial were
heard in May and a motion for a
new trial was denied. On August
8, 1907, Judge Lands imposed his
famous s29,240,000 fine.
On appeal the case went to the
United States Circuit Court of Ap.
peals and was argued year ago.
The decision of the Court OF Appeals
reversing Judge Lands and remand
ing the case for new trial was CIV
en- on July %, 1908. Attempts of
the Government to obtain a rehear-
ing of the case before the Appellate
Court as we'll as their endeavors to
secure a review of 1t before the
United States Supreme Court failed.
The second trial was begun before
Judge Anderson on February 23.
Conclusion OF Court.
The decision of the Court was
announced at the close of a long
argument by Assistant District At
torney Wilkerson, and the jury was
Immediately summoned and instruct.
ed to return a verdict of not guilty.
This means that all but two of the
pending indictments against the
Standard OIL Company of Indiana are
void and will be abandoned by the
Government.
The two cases not affected by this
decision are cases involving the
shipment of 1915 carloads of oil
from Whiting, Ind, 10 Evansville,
Ind, via Dolton Junction. over the
Chicago and Eastern Illinois Rail-
road.