New-York tribune., 1909-03-11
STANDARD OIL VICTORY
An -fPPEIL EXPECTED.
Judge anderson 1brHPtly Orders
Terdict Of -Icguittal.

The verdict was returned by a jury in the federal
court rr instructions = Judge A g Anderson "t"
aro-red that he followed the Circuit Court ot Al-
r,eals decisions TO the verdict returned Al the
F-,.r -rfa1 Of the same case and which verdict
Judae Kenssaw Mountain Lands assessed a fine
Of S2a2aa.gr.
L was after Assistant District Attorney james
L EVilzereon had argued for hours and in the
end admitted that the prosecution could not fur-
rish the further proof deemed necessary by ta'
Court fo- q continuation Ct the case that Judge
Anderson announced his decision
NJ WiIkerscn said That the government could
proceed no further and suggested dismissal Of the
case John : Miller chief counsel in the case FOR
tfe oil company Immediately moved that there lee
a. instructed verdict Of not guilty The Court 50
ordered and the jury. which had been excluded dur
ing the arguments by the attorneys, was cdlIed
in ana charged
The decision Of Judges Crosscup, Baker and Sea
man. of the United states Circuit Court Of Ap-
peals reversing Judge Lands. together with Inc
action Of tire United States Supreme Court in re
fusing 10 review the decision Of the Court Of Ap-
pcals was assigned as authority fer to-days de-
cision
Judge Anderson quoted from the opinion Of the
Appellate Court Judges. The strongest expression
favor q his view. he said, was the statement
IL that decision that the most we can say IS tha;
the question is one upon which judges, after fulI
discussion, might very reasonably disagree.
JUDGE ANDERsoN's POINTS.
Continuing. Judge Anderson said:
The defendant is charged here by Indictment; @
tIis is criminal offence, The defendant Is pre-
Kumed TO be innocent until proved TO be guilty be
yond all reasonable doubt and before this jury
would he JUSTIFIED in returning Felclc1 upon % "a
single one of these counts i WpLId nave 20 ot
ei-,,s -i,iS' srra,,7s -b;s defendant II
would have To be satisfied beyond all reaso1la1 bic
doubt that there was definitely fixed Scent rate
The CouTt Of Appeals has SAID upon ms same
dence. after having considered 1t IN al! rs Iela-
tions after the evidence which was gwen the5
thy cannot say that thse i've papers llle 80
1arif sheet Ne. 4 and The Illinois classlca'ioh
really any Scent rate
Judge Anderson then ordered The Jury. unGer a1-
-loftv % Tie decision q the higher court TO which.
h said BE also was obedisnt. 10 return verdict
Of acauttaL The verdict Of innocence VAS formally
signed by the foreman Of the jury, entered IN the
CONT records. and the famous case was nnalI|
ended All but two Of the pending indictm nts
against The Standard on Company Of Indiana are
rendered void. The TWO cases not affected by To-
DAYS decision involve the shipment Of 1915 car
loads Of oil from Whiting. IND. TO Evansville, lnd'
via DoI;on Junction over the Chicago d Eastern
Illinois Railroad.
I is the opinion Of the federal attorneys that
Judge Andersons ruling Will nvalidate class tariffs
and viii make il impossible TO convict shipper Tor
violations of class JariT regulations
Judge Lands had nothing to say concerning the
decision.
District Attorney Sims admitted that he was
greatly disappointed al the outcome OF the case
AS 10 further prosecution OF the Standard OIL
Company he sat3. I VIII be unable TO make a
statement until 7 have conferred with the Attor-
ney General at Washington. We made the best
fight We could and hung until the last. but the
Cour1 r-llel against Us"
Morirz RosenthaI. counsel fer the Standard on
Company. in commenting on the verdict, said:
The verdict is intensely satisfactory with
IL shows that rate OF IS cents was never nXed
BY the Chicago & Alton Railroad. Il shows that
10 legal rate in existence at the time the
alleged concessions were received by the Standard
Oil Company. Therefore, the Standard OIL Com
Danv committed legal moral wrong in accept
ing a Scent rate. Morally, well legally, II
is found not guilty That is the most satisfactory
verdict that could have been returned.
Washington. March l0.-The understanding here
Is hat an appeal Will lie from Judge Anderson's
court TO the Circuit Court OF Appeals. Also an
appeal would lie the Circuit Court OF Appeals
70 the Supreme Court Of the United States in case
the decision ln the former tribunal should be
against the company
NOVEL MOVE EXPECTED.
In fact this is the best for stating that
the whole issue VIII come before the Supreme
Court % the United States soon through an un-
expected and novel move by the Department OF
Justice.
Tie decision OF Judge Anderson was read with
the closest interest by the officials Of the Depart
rnert of Justice They had been prepared for II,
however 10 some extent by the ruling Of the court
about a fortnight ago that the unit Of offence in
the cases would be the actual settlements Of
freight charges. Nj Bonapagte. who was then
Artarres General expressed great surprise at that
a
That's one way OF constituting the Law
President Taft learned during the afternoon Of
the action Of Judge Anderson. but declined 20 make
lrlv comment If he desires 70 pursue the matter
f,7rrhe~ he will confer with Attorney General
Nickerslam.
Nrr Wfclersl2a-n said to-day that instructions
whatever had been sent the District Attorney
from the department since the advent Of the new
administration The case came on for retTial be
fore Judge Anderson in Chicago On February .
last and il regarded in the hands OF the
District Attorney for prosecution precisely as II
had been rr 70 the time when the new admintstra-
4jon came in The only action taken 10y the depart
-et rnder the new administrator was. in view Of
1,e statement Of the newspapers yesterday q indi-
cations q what the ruling Of thu court might be
with respect the proof Of IN =sta bIished rate 10
send To District Attorney Sims last evening by
telegraph recent reference 10 the decision by the
United States Supreme Court in the suit against
rhe New York Central Railroad Company In New
York which thought might be helpful to the
I)isruct Attorney sustaining the position OF the
government. Until a fuller statement shall have
been received Of the precise point presented and
decided by the court the department il is said. IS
nale 10 xnress any definite opinion to its effect
Or as 10 the future action cf the department with
respect thereto.
Representatives Of the STANDARD OIL Company
here declined yesterday 10 comment upon the col
lase Of the governments suit beyond referring 10
The statement made by James a Moffett, president
% the Standard OF Company of Indiana. just after
Judge lands imposed the S2s.oooooo fine.
MR.. MOFFETT's STATEMENT.
M Noffett in that statement afser.revewinE the
evidence presented the first triai AID referring
10 certain points which the company was not per
,itrea 10 bring before the jury. but which IN his
contention il should have been allowed to present
said;
We insist that whatever may be ones technical