The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-03-10
Government Abandoned Its Case in
the Famous s2s,ooo,ooo Fine
Imposed on Company
by Lands.
HOW IT ALL HAPPENEY1, !,
Case Lost When Anderson d ~ ssed
Al Counts in indictms =
ferrins to chapele,
ILL.,, Shipments.

| CHICAGO, March 10.-The govern
ment has abandoned the Stan dard Oil
case. The defense asked for immedi-
ate acquittal.
The government abandoned the case
when Judge Anderson dismissed all
| counts in the indictment referring to
! the oil shipments from Chappelle, ILL.,
The court explained the dismissal of
the Chappelle courts were because it
was at fatal variance between the in
dictment and the evidence. 1t said
the Elkins law provides that offenses
can be made in only two ways. One
by violating the law on shipments car
ried by common carrier over its own
line only, or the other way by carrying
over its own and other lines 1t stat
ed the Indictment charged the Chap
pelle shipments were carried by the
Alton over it's own lines, whereas the
evidence showed they had been car
ried over its own line and others.
United States District Attorney Will
kinson then asked if it was true that
iit was possible to convict the Stand
ard on the evidence thus far present
ed. The court replied in the affirma-
| tive. Wilkinsan said: Then there is
no use of going on. The government
rests the case here The counsel for
4 the defendant company then moved
that verdict of acquittal be immedi-
lately returned The court called in the
Jury and instructed them to return a
verdict of mot guilty" The jury re-
turned the verdict of acquittal
! lnstructing the jury, the court said:
THE government failed to establish
it's case. 1t adhered that the rate Of
eighteen cents has been established
on oil by the Chicago & Alton, where.
as proof showed the rate of nineteen
and a half cents. The two principie
! bits O. evidence of the government re-
4 lied upon to make the case were,
tariff number "a and Illinois classifi-
cation. Neither one of these con-
tanned statutory requirements for pIb-
llcation Of the eighteen cent rate The
Indictment charged deviation from tie
standard of rates fixed by common
carrier under the law. The Judgment
of this court is, there was no such
fixed standard. The federal statues
further require proof of intent. hut
no such proof was produced. intent
cannot be proved by proving the pub
lication OF rate even if the pubiica-
tion were proved. 1t is evident, how
ever, that not even publication has
been proved. The court don't believe
the defendant knowingly committed
any violation of the law. The court
is convinced at the ouset there is H.
sufficiency of evidence to show ;ntcnt
and has found nothing since to maze
him change that view"
s; The court continued: "The evil
dence Of the government relied upon
to prove the case is excluded because
of incompentency. This statute eek
ins law makes it an offense for the
shipper to receive concessions. If
the shipper received concession
there is very plain question whether
the law has been violated. If, how
ever the shipper unknowingly violates
the law because the common carrier
fails to do its duty, then the ship
per cannot be punished but the com
mon carrier can and ought to be
The outcome of the case is regarded
as a great personal victory for Attor
ney Miller of the Standard counsel
From the very beginning of the trial
he constantly riddled the govern
ment's arguments, each time evident
ly made a great impression in the
court The case cost the government
several hundred thousand dollars.