The Birmingham age-herald., 1910-11-16
Possible Penalties of ESQ., 0OO,OOO Are Gut Down
 to Less Than Million
JUDGE INGALLS, RULING
 KNOCKS BOTTOM OUT
Trial Judge Holds That Only Forty six Offenses Instead of Fifteen Hundred Can Be Charged
 to the Company

 dictment of the United States against the Standard Oil company of Indiana, the so-called Grand Junction concession case, by which 1t was sought to have assessed penalties aggregating s3OoS4,O0O, tonight stands shorn of It's magnitude in compari son and but shred of It's former self. The prosecution met their everses in a ruling of Judge John Mccall in United States circuit court late today as to point of law which in one sweep dwarfed the monetary future of the issue by ex- actly s2s.134.oo0 and in general played havoc with the bill of charges as set up by the government.
 In effect 1t was the ruling of Judge Mccall that within the meaning of the Elkins law governing interstate com merce, the statute which forms the basis for the suit, settlement and not an in dividual shipment constitutes an offense In the indictment as returned, it is charged that the Indiana corporation committed 1524 offenses, passing each of the counts on railroad shipment of petroleum or the products of petroleum from the company's refinery at Whiting Ind, to points in the southeast through Grand Junction, Tenn. Evidence present ed and declared admissible shows only 46 settlements, all by monthly trans actions between the Standard oil com pany and the carriers named in the bil during the years covered 1903 to 19o5 Hence, should the defendant company be found guilty on all charges now stand ing the maximum penalty possible to be assessed would be $920.oO0 For each of fense the statute provides s2o.O0o may be taxed. The minimum is 5000. Of secon- diary importance, only in that final ruling was not made, Judge Mccall also held tentatively that dates shown in the in dictment should conform to the proof rendered. If made final this would de- yelop variance fatal to the indictment, it's allegations being timed in accord once with the dates the shipments left the Whiting refinery. while the settle ments for freight charges were in reality made several weeks later.
 Unexpected Rulings
 The rulings from the judge came unex- pectedly and after a day Of rather lan- guid procedure. A huge packing case of
 
 the court room early in the morning and the first session was devoted to some what intellectual effort to have them identified and proved by several wit nesses.
 Just before noon, after the objections Of the defense began to number equal ly the interrogations of the prosecu- tion attorney. R. w. Stewart, started ton attorney, R. w. Stewart, counsel 1n-chief for the defendant, started things by informally indicating that the defense would probably admit that the 13-cent rate, declared H. legal by the prosecution, was paid by she Indiana Oil concern. Formal admis- sision to this effect was withheld, how ever, and adjournment was had some moments earlier than usual to permit of conference between counsel. looking to an agreement to this effect At the opening of the afternoon session this was not forthcoming and In the ab- sence of several ariff sheets desired by the government, jurors and witnesses were excused until tomorrow.
 But" continued Judge Mccall. "the session is not adjourned. There is something l want to say to the coun- sell"
 Then the storm broke. Defining his position as later told in his ruling, Judge Mccall asked that the attorneys 
 their views. For the prosecution George Randolph, former district attorney, and who, because 1t was during his tenure in office that the bill was drawn, has taken the most active part in the trial. spoke first. His contentious were that the indictment charges and phraseology were wholly within the proper con struction of the law. W. S. Gregg, rep resentive of the Attorney General pleaded next, lorg and earnestly.
 Motion to Overrule
 Counsel for the defense were listen CTS only, except for a motion in the beginning that the court direct a yer dict for the defendant corporation. This was overruled. Speaking for the dc- fense MT. Stewart contended that the case had drifted from the indictment allegations. that his fellow counsel on the other side were 'away from the is- sue"' and were changing front" As a roint he ehld that even should the railroad not have charged the proper rate 1t was not incumbent on the ship per to compel the railroad to do it's duty.
 The trial along the restricted lines will be resumed tomorrow. For the prosecution. 1t is announced now, an endeavor will be made to have that much debated 1S-cent rate from Whit ing to Grand Junction. flor beyond. proved illegal, that even should this rate in itself be legal another rate. a higher commodity tariff applying from Evansville, a point alonE the line trav- ersed, would make the 1S-cent rate H. legal; also that the shipments were originally designated for beyond" Grand Junction, while in reality they were purchased by the Standard Oil company of Kentucky to be delivered to {f at the Tennessee point.