The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-11-18
Four Years Work by Govern.
ment Attorneys and Sleuths
Fails to Convict.
COMPANY ESCAPES PAYING
THIRTY MILLIONS FINE
Judge Mccall Decides There
Was No Illegal Agreement
Between Branches.

JACKSON. Tenn, Nov. 17.-ln q rul
ing which required twenty minutes tc
read, Judge John f. Mccall. in the
United States circuit court this after
noon ended the efforts of the govern
mcnt TO have assessed against the Stan
dard Oil company of Indiana penalties
aggregating more than S30.000.000.
The ruling instruct.ng that verdict
of not guilty be returned, came with the
conclusion OF the case in chief of the
prosecution and in substance holds with
the contentious CT the defense, that af
ter four years the United States had
failed to build It's structure Of evidence
other than on sand.
The Elkins anti-rebate law was VIC.
lated. it was alleged. through "scheme
and DEVICE Judge Mccall, in his rnl-
ing, first reviews the indictment allega-
tions. Next he takes up the testimony
presented as tending TO prove that the
consignments that were shipped on or
ders received from the STANDARD Oil
company of Kentucky by the defendant
company from their refinery at Whiting,
Ind, to Grand Junction, Tenn, "for
beyond - with freight charges prepaid
10 Grand Junction and there taken pos
eSsoiOH "a uN luc INcuIuChN COi puIh-
tlon.
No Mutual Understanding
He points out that the testimony pre-
scnted "tends to prove there was no uD-
derstanding expressed or implied. di-
rect or indirect,' between the defend
ant company and the Kentucky com
pany with regard to rates to be paid :;
that it was solely business transac-
tion between two corporations. Upon
this statement Of facts, Judge Mccall
recalled he ruled early III the trial that
the Indiana company should not be held
accountable for the shipments so far
as the transportation beyond Grand
Junction was concerned
"The uncontradicted testimony pre-
sented by the government. the ruling
continues. 7'Is that in the period COW
cred by the Indictment there was l3-
cent rate from Whiting to Grand juno
tion for points beyond and this rate was
duly Oh file with the interstate com
merce commission and was the legal
rate. The testimony is uncontradicted
dlrtment were in carload lots from
Whiting to Grand Junction for beyond
and that the defendant paid this rate, -
Says Rate Was Regular.
Quoting answers to the court s ques-
tlOUS ny l. W. tiuSltDl an ne VI
the interstate commerce commission who
was recalled as a witEess by the pros
ecution this morning. Judge Mccall
points out that the witness held that
the defendant company was authorized
10 Use the l3-cent rate, that it was n
legal rate and that if inquiry had been
made of him by Il shipper for the pur
pose of ascertaining the legal tariff, he
would have quoted that rate.
Taking up the much discussed "blind
billing It was held by the court this
was done bv the carrier, "that there is
not one SYLLABLE of testimony tending
to show the defendant company knew
the carrier was blind billing the ship
ment. But if the defendant had known
this. how could that affect it's rights TO
avail itself of The l3-cent rate which
was fled with the commissionq"