Daily press. [volume] (Newport News, Va.) 1896-current, 1910-11-18
HOLDS RATE CONSPIRACY
NOT PROVEN IN The CASE
Court Rules That the Government Has
Labored -Four Years and Built Up a
structure OF Evidence on Nothing
But sand.-erinss TO an end Most
important Litigation in the South.

JACKSON TENN. Nov. i7.--lu a
ruling which required Just twenty min
utes To read. Judge John T. McCail.
In the United States Circuit Court.
this afternoon wrote .flnis" TO the ell
forts OF the government 10 have as
scssed asri'.si the Standard Oil Com
pany Of Indiana penalties aggregating
in excess Of $J9,0eo 900. The ruling
OF the court, instructing ihst verdict
If not guilty be returned. care vita
the conclusion Of the case in chief oil
the prosecution and In substance holds
with the contentious cf The detenfs
that after four years. the United STATES
had failed 30 build it, structure CT eFi
denee other than on sand.
The suit at Issue was prob.;l,ly The
most important litigation against ih"
greater corporations ever Tough mt
In the South.
The Eikiss law, regarding in'er-
state couuaerce, was violated, IL was
ALLEGED. &rough ''schcme and device,
the spcciac esfensc charged being the
receiving of freight concessions.
Conspiracy Not Proved.
judge Mccall, In his ruling, first re-
viewed the, indictment allcgH,iors,
Next be took MP the ties snsony pre-
Sentad as tending to prove that The
consignments which formed the basis
for the suit. were shipped on orders
received from the Standard OIL Com
pany of Kentucky by the defendant
company from their refinery at Whit
ing, Ind, to GRIND Junction. Tenn.
.fcr beyond" with freigh; charges
prepaid 10 Grand Junction and there
taken possession OF by the k.sntucky
corporation.
Alzo Judge Mccall pointed out That
the stestimony presented tends to
prove that there was 10 understand
ing. .sxpressed or implied, direct or
Indirect. between the defendant COM
panv and the Kentucky corporation
with regard TO rates to be paid: that
Il was solely. business transaction
between the two corporations
Judge Mccall recalled that he ruled
carly in the trial that the Indiana
company should not. be held account
able for the shipments so far as the
transportation beyond Grand junction
was concerned.
The uncontfa6ic:ed testimony pre-
seuted BY the government" he ruling
continues. rs that during the period
covered b. the indictments there was
Scent rate from Waiting 70 Grand
Junction for points beyond. and this
rae was duly on file with the Inter
state Commerce Commission and was
the legal rates"
Didn't Know NJ "Blind Billing"
Taking up the much discussch
blind billing. It was f1lh hv me
court that the blind billing was
done by the carrier: that there Is not
enc. syllable Of testimony tending to
show that the defendant comrsny
knew that he carrier was SO blind
billing the shipments. But II the Dr.
PENDANT had known this fact. how
co1ld thsf affect rs right TO avail H.
self OF the l,-cenf rate which vas
flied with the interstate Commerce
Commissiop- As 10 tho contention
that the blind billing xss an effort
TO conceal the rate. 4 Is commended
that even II that were true would
be an effort on the par; Of IN. raii-
road company which could avail but
little because Of The fact that the tariff
was regularly Hlcd with fhc Interstate
Commerce Commission
All on Equal Footing.
Concluding Jsdg, Mccall saws
citing the rist; Of the great and the
small to an equal footing before shs
cnurts:
when fhrrourts swing away from
this rule and tbose convicted Of crty7e
are convicted BY giher means. The j'ts.