The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-11-16
ACTION IS SHORN
OF ITS MAGNITUDE
Monetary Feature of
Standard Oil Case
Dwarfed.
COURT RULING
PLA Y,o HAVOC
Amount of Possible Fines Is Re.
duced by Exactly s2e,13Aooo.
Why Judge Mccall Holds
That Settlements and Not
Shipments Constitute
Offense.


Indictment of the United States against
the Standard Oil Company of Indiana.
on the so-called Grand Junction con-
cession charge, by which it was sought
to have assessed penalties aggregating
$50, ,0S4 900, to-nigh stands shorn of its
magnitude.
The prosecution met reverses in a
ruling of Judge John McCSll, in the
United States Circuit Court LAKE to-day
as to point OF law. which in one sweep
dwarfed the monetary feature of the
issue by exactly s29.134,00o and in gen
eral played havoc with the bill OF
charges as set UP by the government.
In effect it was the ruling of Judge
Mccall that, within the meaning of the
Elkns law governing interstate COM
merce. the statute which forms the ba-
sis for the suit, settlement. and no,
an individual shipment. constitutes an
offense. In the indictment as read II
is charged that the Indiana corpora
ton committed 1.524 offenscs, basins
each of he counts on railroad ship
ment of petroleum or the products OF
petroleum from the company's refinery
at Whiting. Ind, to points in the
Southeast through Grand Junction.
Tenn.
Maximum Is Small.
Evidence presented and declared ad-
missable shows only forty-six settle
ments, all bi-montily transactions. be-
tween the Standard Oil Company and the
carriers named In the bill during the
years covered, 1903 TO 1905. Hence,
should the defendant company be found
guilty on all charges now standing, the
maximum penalty possible TO be as
sessed would be $4,000. For each of.
fense the statute provides $4,000 may
be taxed. The minimum is $1,000.
OF secondary Importance, only in
that final ruling was not made, Judge
Mccall also hold Tentatively that dates
shown in the irdirtment should con-
form 10 the proof tendered. II made
final this would develop variance
being timed in accordance with the
dates the shipments left the Whiting
refinery, while the settlements for
freight charges were in reality made
several weeks later.
The rulings from the bench came un-
eapectedly and after day of rather
| languid procedure a huge case OF
documentary evidence was hauled into
the courtroom early in the morning
and the first session was devoted to a
somewhat Intellectual effort to have
them Identified and proved by several
| witnesses.
Just before noon. r. w. Stewart
counsel in chief for the defendants
Informally indicated that the defense
would probably admit that the 13-
cent rate. declared illegal by the pros
kecution. was paid by the Indiana oil
concern, Formal admission to this
effect was withheld, however. and ad-
tournament was taken to permit con-
ference between counsel, looking to
an agreement to this effect
Storm Breaks.
At the opening Of the afternoon ses-
sion this was not forthcoming. and in
the absence of several tariff sheets
desired by the government, Jurors and
witnesses were excused until to-mor-
row.
But" continued Judge Mccall. "the
session Is not adjourned. There is
something l want to SAY to coun-
SELL
Then the storm broke. Defining his
position, as later told In his ruling,
Judge Mccall asked that the attor-
neys for the two sides enlighten him
as to their views. For the prosecu-
tion George Randolph former district
attorney, contended that the indict-
ment charges and phraseology We're
wholly within the proper construction
of the law.
Mr.. Stewart, for the defense, con
tended that the case had drifted from
the Indictment allegations. He held
that even should the railroad mot
have charged the proper rate it was
not incumbent upon the shipper to
compel the railroad to do it's duty.