New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-11-16
OIL INDICTMENT R|DDLED
l,,due Mccall Cuts Possible Pen
aIties Down S29,134,0O0.
DEFINITION OF ELKINS LAW
zach Individual Shipment Not a
Separate Offence-Standaro
Wins Other Points.

-o,t-son. Tenn. Nov. 15.-The Indictment
,reins1 tho Standard oil Company on the
.o-oaIle6 Grand Junction concession charge
:, v-hicN il was sought TO have penalties
,r--erating SS0os.0a imposed, was shoTh
= SIS magnitude to-day.
Tho prosecution met reverses in g ruling
-. I,,ace John J Mccall in the United
c.etes Circuit Court on point Of law
.-,iob IN one sweep dwarfed the monetary
<s-.-re Of the issue by s2a. 1890" and
.fs--sz havoc with the bin Of charges set
an nv the government.
IN a4e-r II was the ruling Of Judge Nc
le-r shat within the meaning OF the Elkins
- Governing interstate commerce a set
element and not an individual shipment
,-,,sr+f77-ed an offence. In the indictment
:, uss charged that the corporation COM
-7--tas 1.524 offences, basing each of the
counts On 2 railroad shipment Of Petro-
7s--r ~ lis products from the refinery AT
Whiting. Ind TO points IN the Southeast
through Grand Junction, Tenn.
Evidence declared admissible shows only
47r-v-six settlements, ell bi-monthly trans
eo-ions. between the Standard Oil Com
ranv and the carriers named in the bill IN
,4s wears 1858 to 1865 Hence, should the
defendant company be found guilty on ali
.ra charges now standing the maximum
-ena1tv would ne ssee.0co For each offence
he statute provides that $4,000 may he
-axed. while the minimum is $1,000.
Of secondary importance only IN that a
sal ruling was not made, Judge Mccall
ssh held tentatively that dates shown In
,5e Indictment should conform 10 the proof
offered II made f-al. this would develop
g variance fatal TO the indictment, its allie
cations being timed in accordance with
-Al dates the shipments left the Nhltlns
-srne~v while the settlements for frelght
charges were II reality made several weeks
later
The rulings came Unexpectedly and after
? 5a. o. rather languid procedure 4 huge
ease Of documents was brought into the
courtroom early in the morning, and the
FIST session was devoted 10 somewhat
Intellectual effort TO have them ldentned
s-6 rroved by several witnesses Just be
fore noon r y. Stewart, chief counsel Tor
the defendant. started things by informally
Indicating that the defence would probably
admit t-at the 13-cent rate. declared Illegal
hv the urosecu1ion, was paid by the Inoi-
ana oil concern Formal admission TO TINS
ere-- vas withheld. however. and adjourn
TlFET NEE L6hTE 10 lrciii4lh q Ooi-At- OiiN- -
tween counsel looking 10 an agreement 10
this effect.
A. the opening Of the afternoon session
1rls vas not forthcoming. and in the an
ser-e q several tariff sheets desired by the
reve-nmeut jurors and witnesses were eX-
cased iIrti ro-morroW-
Put continued Judge Mccall, the ses-
sion Is not adjourned There is something
want To say 10 counsel
Then The storm broke. Defining his posi-
ton. a. was later told in his ruling, Judge
Mccall asked that the attorneys for the
-za sides enlighten him as 10 their views.
For the prosecution George Randolph, for
-uerlv District Attorney, spoke first His
..arrar-fOus were thai the charges and
rnraseology Of the Indictment were within
-ae proper construction Of The Law.
AIr Stewart contended that the case had
dr-fred from The allegations in the lndIct-
1lieuc. lie held that even should the rail
road not have charged the proper rate, Il
VS. NOT incumbent on the shipper 20 com
-.a1 rhe railroad TO do its duty
The t-5al along the restricted lines viii
iz resumed tomorrow The prosecution
t- is announced VIII endeavor TO haze the
mach debated l3-ceut rate from Whiting
IL Grand Junction fer points beyond
r.-av-H Illegal by the fact that, even should
Ills 1.-re in itself be legal. another rate, i
higher commodity tariff applying from
Evansville. point along the line traNerseu'
s,o-ld ma h. the -3-cent rate Illegal