Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-03-11
Court Holds that Govern =
dence is Incompet
E1GHTEEN-CENT RATE MOI
Consequently Accepting Lesse
Could Not Be a Crime.
APPELLATE COURT is QUOTED
Court says Any other Verdict would
ne set side for same Renson
Cas- Was Remanded for
New Trial.


is .be result reached today in the govern
ments famous suit against the Standard
oil company Of Indiana.
The suit of the government. wherein the
defendant at one time faced fine Of S2e.-
24O 900 at the hands OF Judge K M. Lands
on a charge of having accepted rebates
in freight from the Chicago & Alton rail-
road, came to an end abruptly. Judge A.
b. Anderson, before whom the case was
brought after reversal by the United states
court OF appeals, Instructed the jury 10
find a verdict of mot guilty"
Judge Anderson's decision was not alto
Eether unlocked for. he having previously
announced TO the prosecutors that the PROOF
relied on in the first trial is incompetent
and Il was with something of an AIR OF
hopelessness that District Attorney Sims
and his assistants attempted to show the
admissihlllty OF the Illinois classification
TO prove the existence OF a legal rate oil
IL cents. which was a vital point in the
governments contention.
Assistant District Attorney Wilkerson ad-
mitted that the prosecution could not fur-
nish the proof deemed necessary and sug-
gested dismissal OF the case.
At this point Attorney John s. Miller OF
counsel for the oil company. who, up TO
that time lad taken little part in the pro-
ceedings arose and moved that there be
an instructed verdict. The court so ordered
and the jury was called in and instructed
The decision OF Judges Grosscup. Baker
and Seaman of the United States circuit
court OF appeals reversing Judge Lanuls,
together with the action of the United
states supreme court in refusing to review
the decision OF the court Of appeals. played
~ In diapoEinQ of the case
Judge Anderson In announcing his finding
ouoted from the opinion of the appellate
court The strongest expression In favor
of his view he said was the statement In
that decision: ''rhe most we can say is
that the question is one upon which judges
after FUN discussion might very reasonably
disagree"
Defense Has Benent of Doubt.
Continuing Judge Anderson said:
."rhe defendant Is charged here by indict-
ment; this is a criminal offense. The de-
fenaant Is presumed TO be innocent until
proved TO be guilty beyond all reasonable
doubt and before this jury would be JUS
titled In returning verdict upon single
one of these counts. Il would have to be
satisfied beyond all reasonable doubt TO
such a degree OF certainty as to overcome
this presumption ~ innocence which sur
rounds this defendant. 1t would have TO be
satisfied beyond AL reasonable doubt that
there was definitely fixed 1s-cent rate
The court OF appeals has said upon this
same evidence after having considered 1t In
ali ,ts relations, after the evidence which
WAS aiven that they cannot say that these
two papers Creferrting to the railroad
tariff sheet and the Illinois classification
really fly an 1s-cent rate.
..Tberefore Il It Is a matter about which
raason may differ or trained judges may
disasree, n the court OF appeals says after
revteuine these papers and consulting to-
xether that they cannot tell what 1t is, ther
~ course, the evidence Is not sufficient
20 warrant you in finding that these papers
establish that rate beyond reasonable
doubt.
t.Altoeether feel that the government
has failed TO sustain the allegations II
the indictment against the Standard Oh
company. Should this jury find the de
tsndant guilty I would set aside sucf
verdict instantly, as l know the United
states court OF appeals would"
The foreman of the jury then signeC
this verdict;
ave. the jury, find the defendant no
guilty"
, United States District Attorney SIM
admitted that he was greatly disap
pointed At the outcome OF the case. al
20 further prosecution OF the Standar,
OH company" he said. II will be unabl
70 make a statement until have con
ferrod with the attorney general
Washington. We made the best fight W
could and hung on until the last. but tn
court ruled against H."
Standards Attorney Pleased.
Moritz Rosenthal, counsel for tn
standard oil company, in commenting o
tire verdict. said:
"The verdict IL intensely satisfactor
with US, as It shows that rate OF 1
cents was never fixed by the Chicago
Alton railroad. 1t shows further that N
legal rate was In existence at the tim
the alleged concessions were received b
IN Standard oil company. Therefore tn
standard Oil company committed no lega
or moral wrong I'm accepting a 6-cent rate
Morally as well as legally IT is foun
not guilty. and that is the most satisfaC
tory verdict that could have been re
tarned."
A throng OF newspaper men crowde
around Judge Anderson when he left th
court room after the conclusion of tn
trial. ''I suppose the newspapers wi
reverse me-" said he when interrogate
by one OF the reporters. However.
tried to follow the law and have no stats
tnent 10 make further than what ] hay
already said In open court"
Judge A. B.-Ancerson. who presided
the retrial OF the celebrated Standard o
case was born IN Knoxville Ind. FebruaT
70, 1851 lie was graduated from wabas
college in 1879 and then studied law ,
Charlottesville and Indianapolis. lie va
admitted TO the bar I'm 1881 ana began Il
practice OF law at cnwfordsville. He va
prosecuting attorney for Montgomeu
counu, Indiana, for three years al
sinee December Is, 1901. he has been Unite
states district Judge for the district
Indiana. His home is in Indianapoli
Another famous case at which JUDI
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