The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-11-18
FINS IS WRITTEN
IN FAMOUS CASE
Almost Without Struggle,
Standard Oil Wins Yer
dict in Court.
GOVERNMENT PLANS FAIL
After Four Years, Finds That
Its Evidence Is Built
on Sand
GOVERNMENT PLANS FAIL


Jackson. Tenn. November 17-In /,
ruling which required just twent,
minutes to read, Judge John E. Mccall
in the United states Circuit Court this
afternoon. wrote finds to the efforts ol
the government to have assessed
against the Standard OIL Company OF
Indiana penalties aggregating In ex-
cess OF 100000. The ruling of the
court instructing that verdict OF not
guilty be returned. came with the con-
clusion OF the case in chief OF the
prosecutions. and in substance holds
with the contentious of the defense,
that after four years the United States
had failed to brild Its structure OF
evidence other t,aar on sand
The suit rat issue was probably the
most important litigation against the
greater corporations ever fought ous
in the South The Elkins law regard
ing interstate commerce was violated.
1T was alleged. Though .cheme and
device the specific offense charged
concessions.
Reviews Indictment.
Judge Mccall, in his ruling, first re-
Viewed the Indictment allegations.
Next he took up the testimony pre-
sented as tending to prove that the
cons.gnments which formed the basis
Tor the suit were shipped ON orders
received from the Standard OIL Com
ipany OF Kentucky by tho defendant
company from its refinery at Whiting.
Ind, to Grand Junction, Tenn, for
rebating" on freight prepaid to Grand
Junction and tho; taken session of
Judge Mccall pointed out that the
testimony tends to prove that there
was no understanding, expressed OF
implied, direct or Indirect between una
defendant company and the Kentucky
company with regard to- rates to be
paid; that 1t was Solely business
transaction between the two corpora.
tions. Judge Mccall recalled that he
ruled early In the trial that the In
diana company should not be held ac-
countable for the Shipments so far as
the transportation beyond Grand june
]tion was concerned.
THE uncontradicted testimony pre-
sented by the government"s the ruling
"is that during the period
covered by the Indictment there was
a 1s-cent rate from Whiting to Grand
for points beyond, and this
rate was duly on file with the Inter-
state Commerce Commission and was
the legal rate.
Taking up the much discussed "blind
billing" 1t was held by the court that
the blind billing was done by the
carrier, that there is not one syllable
OF testimony tending to show the de-
fendant company knew that the car
rier was bind billing the shipments.
But Ii the defendant had known this
fact. how could that affect its right
to avail itself Of the 1s-cent rate which
was filed with the Interstate Commerce
As torthe contention that
the blind billing was an effort to
conceal the rate 1t is contended that
II even that were true. 1t would be
an effort on the part of the railroad
which could avail but little
because Of the fact that the taritf was
regularly filed with the Interstate
Commerce Commission
Would Hecome NIociSery.
Concluding Judge Mccall says citing
the right of the great and the small
to an equal footing before the courts,
when the courts swing away from
this rulefand those convicted Of crinie
are convicted by other means, the
Justice Of our boasted jurisprudence
fcontinnaa on Second Page)