The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-03-10
JUDGE INSTRUCTS JURY TO
DECLARE STANDARD OIL
NOT GUILTY
This Means That All but Two of Pending Indictments Against Big Oil
Trust Indiana Are Void and Will Be Abandoned by the
Govemmen-Prosecuon Which Won Signal Victory
Before Judge Landis Ends in Failure

Chicago March 10.-The re-trial OF
ana on charges OF accepting rebates
from the Chicago & Alton railroad,
opened today upon a crucial stage. In
the face of repeated rulings by Judge
Anderson, tending TO make more dill
fcult the proving OF their case, the
government attorneys had overnight
decided to abandon the idea of addi-
tions to the bill of particulars, cov-
ering the defects pointed out by the
court. and began introducing docu
ments in the hope of inducing Judge
Anderson to reverse his decisions. The
Standard Oh lawyers expressed the
opinion that the case would be brought
to a close soon. but the federal at
torneys said they were prepared to
fight until the issue was actually
thrown out of court.
The first line of argument was
against the courts indicated deciS-
ion that the eighteen-cent freight rate,
under which the indictment was drawn
could not be established by means
OF the Illinois classification. Accord
ing to the governments boint pf
view. the published rate on oil from
Whiting, Ind. to East St. Louis, was
eighteen cents. This was established
by means OF Tariff "a" in its appli-
cation to the Illinois classification
issued In 1899.
In 1900 a new Illinois classification
was issued. and the Interpretation OF
the courts opinion is that this inyal-
idates the old tariffs.
II there were no legal published
rate, as the defense claims, the oil
company cannot be prosecuted for
making shipments at a sixcent rate.
The decision OF the court was an
nounced at the close of long argu-
ment by Assistant District Attorney
Wilkerson and the jury was immedi-
ately summoned and instructed to re-
turn a verdict of not guilty. This
means that but two OF the pending
indictments against the Standard Oil
company OF Indiana arc void and VIII
be abandoned by the government
The two cases, not affected by to-
day's decision, are cases involving the
shipment of 1915 carloads Of oil from
Whiting, Ind, to Evansville. Ind, via
Eastern Illinois railroad.
The prosecution, which today ended
in failure. after having once been
tried by Judge Lands. whose decls-
ion was reversed by the court OF ap-
peals and the case rcmanded TO the
district court for a second trial, had
its beginning August 81, 1906. On that
date, ten indictments were returned
by a federal grand jury charging the
Standard Oil company of Indiana with
accepting concessions from railways
on shipments OF oil from Whiting, Ind.
Demurrers to two OF these. involving
shipments over the Chicago & Eastern
Illinois and connecting roads to Grand
Junction, Tenn, were sustained. ana
the indictments were quashed shortly
after they had been returned. The
eight remaining bills were demurred
to. but the demurrers were oyerruled,
Two of the eight indictments IN
yolved shipments over the Chicago &
Alton road from Whiting. Ind, to East
ST. Louis, Ills. and st. Louis, one
containing 1908 counts, and the other
l34 counts. II was the 1903 count
indictment on which the oil company
prosecution was based. With 146
counts allowed to stand. the case
went to trial first before Judge Lands,
March 4, 1907. The trial consumed
six weeks and resulted in verdict
OF guilty April IS, 1907.
Arguments for new trial were
heard in May and motion Tor new
trial was denied.
On August 13, 1907. Judge Lands
imposed his famous S29,240.000 line.
On appeal, the case went to the Unit
ed States circuit court OF appeals and
was argued a year ago. The decis-
ion of the court of appeals, reversing
Judge Landis and remanding the case
for a new trial, was given July y,
1908. Attempts of the government to
obtain a re-hearing of the case before
the appellate court. as well as the en-
deayors to secure review OF lt be-
fore the United States supreme court
failed. The second trial was begun
before Judge Anderson, Feb, 70.