The midland journal. (Rising Sun, Md.) 1885-1947, 1909-03-19
|s2s,OOO,OO0 ClSE
GOES OUT Of COURT
Judge Decides I'd Instruct Jury to
Find Oil Trust Not Guilty.


son decided to instruct the jury in
the standard Oil case. in which the
$29. 100000 fine first was imposed
by Judge Lands, 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 18-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 18 cents. This was estab-
lished by means of Tariff "a in its
application to the Illinois classified
ton issued in 1899.
In 1900 a new Illinois classifica-
tion was issued, and the interpreta-
ton of the Courts opinion is thai
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 K. M. Lands. whose de-
cision, with its fine of $29,000,0 600,
was reversed by the Court of APP
peals and the case remanded to the
District Court for second trial. had
its beginning on August 81, 1906.
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 in
dictments were 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
rhf Nv, hn or
and Alton Railroad from Whiting,
Louis, one containing 1908 counts
the 1, 903 count indictment on which
the Oil Company prosecution was
based
Trial Before Landis.
With 146 counts allowed to stand,
the case went to trial before Judge
Lands on March 4, 1907. The trial
consumed, six weeks and resulted in
verdict of guilty on April 13, 1907.
Arguments for new trial were
heard in May and motion for a
new trial was denied. On August
8, 1907, Judge Lands imposed his
famous $29,240.O00 fine.
On appeal the case went to the
United States Circuit Court of APP
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 it before the
United States Supreme Court failed.
The second trial was begun before
Judge Anderson on February %.
Conclusion OF Court.
The decision of the Court was
announced at the close of long
argument by Assistant District At
torney Wilkerson, and the jury was
| Immediately summoned and instruct
ed to return 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, to Evansville,
Ind, via BOLTON Junction, over the
Chicago and Eastern Illinois Rail-
road.