Daily press. [volume] (Newport News, Va.) 1896-current, 1910-11-16
REDUCES THE 0fftNSfS
FROM 1924 TO 46
Court Holds That Settlement and Not
an individual Shipment Constitutes
Violation Of EIklns Law--pecision
Changes Possible Fines From $780,
os4,ooo to 100000.

JACKSON. TENN, Nov. fo.--rhe
Indictment OF the United states
against the STANDARD Oil Company OF
Indiana. on the so-called Grand juno
ton concession charge. by which "
was sought to have assessed pcnailies
aggrcgs ing ss0.0si,Oo0. tonight stands
shcFn OF its nagnliude.
The prosecution met r;yerscs IN
ruling OF Judge John Mccall, In tho
United States Circui; Court, iate To-
day. as to point OF law. which. IN
one sweep. dwarfcd the monetary fee-
ture of the issue BY .eascily sss.lsf.-
600 end IN general playet havoc WIN
the bin OF charges as SCI W by inc
government.
Effect OF His Ruling.
In effect. II was the ruling @ Judge
Mccall that within the meani"~ =
the Elkins law governing interstate
commerce. the statute, which ier'nf
the basis for the suit. n settlement
and not an individual shipment cons'i'
tutna an otfense. In the Indictment
as returned. il is charged that the In
diana corporation committed l.ozi
offerses. basing each OF the counts ON
railroad shipment Ct petroleum, or
tho products of petroleum. from tha
company's refinery at Whiting Ind.
to points In the southeast, through
Grand junction, Tenn.
Evidence presented and DECLARED
admissible shows only forts-six srs-
tloments, all bi-monthly transactions.
between the Standard Oil Company
and the carriers named IN the bill
dur,ng the wears coveyed-i9e3 TO
Ig05 Hcnna. shorld th" Defendant
c,mrany be found Ct lily. on all
charges now standing the maximum
penalty possible 10 be assessed weuid
be sSs0.A00.
! For each oGcnsc the statute pro-
vidcs s2H.n00 may be taxed. The min-
im,m is 81 900.
Dates Should Conform.
or secondary importance only. IN
that final ruling was net made.
Judge Mccall held Tentatively thst
dates shown In the indictment sbouio
conform TO the proof rendered.
If made final, this would develop
variance fatal to the indictment. its
allegations being timed in accordance
with the dates the shipments LEFT the
! Whiting refinery. while the settle
ments for freight charges were IN
reality made several weeks later.
The rulings from the bench came
Unexpectedly ard az or day OF rather
lsngrid procedure
A huge case CT documentary evi-
dence was hauled into the cc,rt room
early In the morning aud tie frst scs-
sion was devoted to somewhat IN
enectual effort 20 have them idsnu1sd
and proved BY several Witnesses
( lust before noon. r. w. stewart
counsel In chief for the defendant. m
formally indicated that the defersr
would probably admit thar the Scent
rate declared illegal by the prosecn-
| ton was paid By the Indiana Gu con-
Germ. Formal admission TO this ct-
fec, was withheld however. and an-
/ journment was taken 20 permit con-
ference between counsel. looking to an
attempt 20 this effect
storm Breaks Forth
Al the opening OF the afternoon ses-
sion this was not forthcoming. ana
IN the absence Of several tariff sheets
desired BY the government. Jurors and
Witnesses vcre excused until ton,or-
/ row
But continual Judge Mccall the
4 session Is nc. adjorraed- There IS
something xant % say 20 counsel.
Then the storm broke Defining Dig
position. as later told in bis rriin@-
Iudee Mccall asked that the attor-
news for the two sides cnIizh;cn him
g 10 their views FOR the prosccn-
ton George Randolph. former district
4 attorney. contsnded that the indir,-
meat charges and phrssccicey vcrc
wholly within the proper constf"e'i'h
Of the Law.
Mr.. Stewart. for the defense. GU
frnt-d that the case had driitre Ia
the indictment allegations Ne hrio
:hst even should the railroad not ntsc
charged the proper rate, vas ~.
l Incumbent upon sf> shipper 70 cv'npei
the railroad 70 Do IS duty.