Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1909-03-11
INDIANA COMPANY AND REPUB-
Lie FIRM OUSTED FROM STATE,
BUT WATERs-PlERCE CO. is
ALLOWED TO STAY.
BIG FINE SUIT
MAY BE FAILURE
JUDGE ANDERSON INTlMATEs
THAT GOVERNMENT HAS NOT
MADE A CASE IN RETRIAL OF
CASE HEARD By LANDS.

Chicago, March 9.-The govern
ment case in the retrial of the
Standard Oil company of Indiana
narrowly avoided deathblow to-
day when Judge Anderson held
that the government must con-
vince him it would be able to
prove that there was a standard
rate for oil shipments between
Whiting, Ind, and East st. Louis
at the time that the defendant
knowingly accepted a lower secret
rate as alleged in the Indictment.
At the request of Assistant Dis
trict Attorney Wilkerson court I'M
expectedly adjourned until tomor-
row to allow time for the prepare
ton of the arguments to show the
required evidence will be forthcom
ing
Jefferson City, Mo-, March 9.-Mo
tions by the Standard Oil company Of
Indiana and the Republic Oil company
Of Ohio for a rehearing in the custer
suit recently decided against them
and for modification of the judg
ment was overruled by the Missouri
supreme court today
Waters-Pierce Co. Upheld.
The position of the Waters-Pierce
Oil Co., was upheld, the motion OF
the attorney general for an absolute
custer being denied in compliance
with the court order recently filed by
the company and approved and the
judgment of custer against it being
suspended. The Offset Of these decis
ions Is to expell the Indiana and Ohio
companies from Missouri and to re
store to the Pierce company so pei
cent of whose stock Is held by the
Standard Oil Co. Of New Jersey the
right to do business within the state
Standard to Appeal.
No formal opinion in the premises
was read, Chief Justice Valiant sim.
ply announcing the gist of the courts
decision. Justice Lamm and Wood
son dissented. The Standard Oil IN,
terests are expected to appeal from
the decision to carry their cases to the
supreme court Of the United States.
The Chicago Oil Case.
Chicago, March 9.-The government
attorneys in the retrial of the Standard
Oil Co., Of Indiana which was resum
ed yesterday were told by Judge An
derson that unless they introduce fur
Their proof sustaining their contentio.
that he oil company accepted re
bate from the Alton railroad. they
might as we'll cease their efforts tt
convict
Anderson, after considerable argu
ment from both sides, admitted tenta
lively tariff No 1908 of the Alton ant
tariff No. 4 of the Virgins Ferry Coz
tariff sheet. Before admitting the doc
uments in this way the court spoke o
fatal discrepancy" in parts of thu
indictments against the Standard Oil.
''If the government can furnish n
further proof" said he, Sin support o
it's contention than the tariff sheets al
ready introduced, it may as well stop.
Anderson agreed with the defens
in that NJ evidence had been adduce:
proving connection between the Alto
railroad and the terminal association
I'm the event it is proven that
joint agreement existed between thes
two railroads, an indictment woul
stand" said the court at one point 81
might also stand if 1t is shown tn
two companies offered concessions
Attorney Wilkerson FOR the govern
ment insisted that his object Of Intro
ducing the tariff sheets of these tw
roads was to show proof of publicE
ton and intent on the part of the d.
PENDANT.