The Montgomery advertiser., 1909-03-11
OIL YyEoT GUILTY c Ago Jury Brings in Verdict. FAMOUS CASE IS FALLEN Government Loses Contention as t
 Relates. Judge Anderson Decides For the Cor poration and Whole Matter Now
 Rests With the Attor.
 ney General
FAMOUS CASE IS FAlLEl
FALLEN PLENTY OF GAME SIGHTED

Chicago, March 1o-The famous suit of the Federal government against the Standard Oil Company of Indiana, wherein the defendant company at one time faced a fine of s2s.2AO.ooo at the hands of Judge K. M. Landis. on a charge of having accepted rebates in freight from the Chicago and Alton Railroad, came to an abrupt end today.
 Judge A. B. Anderson. before the case was brought after reversal by the United States Court of Appeals. in- .ao, .sfsotss sS,,tn. the jury to And verdict Of
 Judge Anderson's decision was not altogether unlocked for when the case was called today. he having previously | announced to the prosecutors that he proof relied upon in the first trial was Incompetent and 1t was with something of an air of hopelessness that District Attorney Edwin W. Sims and his as- sistants attempted to show the admis- | sibility of the Illinois classification to prove the existence of a legal rate of eighteen cents, which was a vital point | in the governments contention.
 It was after Assistant District Attor- ney James H. Wilkerson had argued for two hours and in the end. admitted that the prosecution could not fur nish proof deemed necessary by the | court to secure a verdict of guilty or even a continuation of the case that Judge Anderson announced his decis- ion.
 Jury Is Instructed.
 Mir. wilkerson said the government could proceed no further and suggest | ed the dismissal of the case.
 At this point, Attorney John 6. Mil Ter, of counsel for the oil company, who up to that time. had taken little part | in the proceedings. arose and moved that there be an instructed verdict or not guilty.
 The court so ordered and the jury. which had been excluded during the arguments by the attorneys, was call ed in and charged.
 The decision of Judges Grosscup. Baker and Seaman, fof the United States Circuit Court of Appeals. re- yersirig Judge Landis: together with lths action. of the IJnitsd States su- prems. Court of Appeals. played an i'm. portant part in disposition of the case today.
 Judge Anderson in announcing his finding quoted from the opinion of the Appellate Court judges. The strong est expression in favor of his view, ne said, was the statement in that de- cision: The most We can say IS that the question is one upon which judges, | after full discussion, might very reas- onably disagree"
 Whether prosecution on seven other Indictments still pending against the oil company, will be instituted, District | Attorney Sims would not state, declar- ing that the question rested entirely with the United States Attorney Gen eral.
 Charge to the Jury.
 Judge Anderson's charge to the jury follows:
 "Gentlemen of the jury:
 "I have made up my mind to end this case. You. as jurors. have perfunctory office to perform. and the evidence you have heard. as presented by the government may have given you some opinion of your own as to how this case should be decided. You have no arbitrary power. Neither have I. as a Federal judge. any such power. I am bound by the law. as you are.
 "When the United States Court of Appeals lays down the law, we are l bound by our oaths to obey this law.
 'SThe Standard oil Company has been indicted and the government ayers in It's indictment that rate of IS cents per hundred pounds on shipments of | oil was a fixed standard and that re- Rardless of this. the Chicago and Alton Railroad gave the defendant oonces- | sions. allowing the oil company to ship oil over its road at a rate of six cents. The government failed to prove this charge.
 "The Standard oil Company Is charg- ed with a criminal offense and there fore before a jury can find the defend l A l all reasonable doubt that there was a definitely fixed rate of IS cents. The court cannot say that these two in- | struments prove the existence of a standard, In this case. meaning 1sc.
 "The proof offered by the evidence does not support the charges relative to the Chappell. Ind. shipments Con- sequently. the defendant cannot be found guilty on charges that embrace shipments from that point to St. Louis.
 Proof of publication has not been made with reference to the alleged Illegal shipments of oil from Whiting. Ind. and consequently the defendant cannot be held on charges of accepting rebates on shipments from that place.
 "Altogether feel that the govern ment has failed to sustain the allega- tions in the indictment against the Standard Oil Company. Should this jury find the defendant guilty, I would set aside such verdict Instantly as I know the United States Court of Ap- peals would"
 The foreman of the jury then signe cd this verdict: We. the jury, find the defendant not guilty"
 l Invalidates Glass Tariffs.
 It Is the opinion of the Federal at torneys that Judge Anderson's ruling will invalidate class tariffs and will make 1t impossible to convict a ship per for violations of class tarin regu- lations.
 Judge Peter s. Grosscup. who wrote the opinion of the United States Cir cult Court of Appeals. said:
 Tine thing for the Government to do is to do away with classifications in the regulation Of tartn rates, and make the railroads file tarirs that specify the rate on each commodity. without regard to classification. This might men a great cost to the rail- roads, but I know nothing of that Changing of tariffs, however, means but particular changes to meet con ditions. and means no more of a com plete change than Is made in different editions of a telephone directory"