The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1910-11-25
JUDGE MCCALL FROM UNITED
STATES BENCH iNsTRUcTs
VERDICT. OF NOT GUILTY.
CHARGES NOT : OyEN
Penalties Asalh-t Octopus Aggregate
Ing $4,000, 900 Remitted.-court
Finds Testimony Fails to
Prove Understanding.

Jackson, Tennessee. - In a rul.
Ing which required just 20 minutes to
read. Judge John E. Mccall, in United
States circuit court, threw out Of
court the case Of the government to
have assessed against the Standard
OIL company Of Indiana penalties az.
gregating in excess of $30,000,000 for
alleged rebating.
The ruling of the court instructing
that a verdict of not guilty be re-
turned. because of failure to prove
the charges, came with the conclusion
of the case in chief of the prosecution.
The decision holds that after four
years, the United States had failed to
build its structure of evidence other
than on sand.
The indictments alleged that con-
signments of oil were shipped on or
ders received from the Standard Oil
company of Kentucky by the defen-
dant company from their refinery at
Whiting, Ind, to Grand junction,
Tenn, For beyond" points, with
freight charges prepaid to Grand
junction and there taken possession
of by the Kentucky corporation.
No Understanding Is Shown.
Judge Mccall pointed out that the
testimony presented "tends to prove
that there was no understanding, ex-
pressed or implied, direct or indirect,
between the defendant company and
the Kentucky company with regard to
rates to be paid; that it was solely a
business transaction between two cor
porations."
On these facts, Judge Mccall ruled
early In the trial that the Indiana COM
pany should not be held accountable
for the shipments so far as the trans
portation beyond Grand Junction was
concerned.
"The uncontradicted testimony pre-.
sented by the government" the ruling
continues, "is that during the period
covered by the indictment there was
a 13-cent rate from Whiting to Grand
Junction for points beyond and this
rate was duly on file with the inter.
state commerce commission and was
the legal rate. The testimony is I'M
contradicted that the shipments GOV.
cred by the indictment were in car
load lots from Whiting to Grand juno
ton, for beyond and that the defend
ant paid this rate.'
Quoting the responses of T. M. Cros-
land, an attache. of the interstate CON-
merce called as witness by the pro-
secution, Judge Mccall pointed out
that the witness held that the defend
ant company was authorized to use
the 13-cent rate; that it was legal
rate and that, if inquiry had been
made of him by shipper for the pur-
pose of ascertaining the legal tariff,
he would have quoted that rate.
"BIind Billing" Done by Carrier.
Taking up the much discussed
blind billing" it was held by the
court that the blind billing" was
done by the carrier, chat there is not
one syllable of testimony tending to
show that the defendant company
know that the carrier was blind bill
ing the shipments.
Concluding Judge Mccall said, cit
ing the right of the great and small
for an equal footing before the courts:
when the courts swing away from
this rule and those convicted of crime
are convicted by other means, the JUS.
tice of our bcasted juriprudence will
soon become hollow mockery and
the judgment Of our courts will be
held in derision and contempt"
TO NAME McENERY,s SUCCESSOR.