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THE DAILY COOS BAY TIMES, MARSHFIELD. OREGON. THURSDAY. AUGUST 8. 1907.
& r M M P 5 ' ft St'
sident Moffatt Gives Asso
ciated Press His Opinion
On Landis Decision.
IDGE RULED EVIDENCEOUT
Jlnpnnti' K".VH Comijiiiiy Could
gl,, ()cr Other Itoutl lit Same
ew York, Aug. 7. President
lies A. Molfatt ot the Standard Oil
mpan, 01 Indiana, muuu mo iui-
ing statement today In roferrenco
the judgment by Judge Landis,
nounced in Chicago:
The court Having pronounced Its
dgment In the case of the United
tes vs. the Standard Oil Company
Indiana, there can now bo no lm-
opriety In stating our position to
;e American jiuuimu.
The facts In this case are simple
d easily understood. Tho stand-
id Oil Company of Indiana was con-
cted of receiving wnat the gov-
nment claimed was a concession
om the Chicago & Alton in the shlp-
ent of oil from Us refinery at Whit-
g, Ind , to East St. Louis, 111. The
ntentlon of the government was
at the lawful rate wa3 18 cents per
00 pounds between those points.
ho defendant claims: First, that
e lawful rate was six cents and,
econdly, If six cents was not the
Lw ful rate It was the rate Issued to
lie Standard by the Alton as the law
pi rate, and the Standard was justi
cd In believing from lt3 own Infor-
atlon and from the information re
vived from tho railroad company
(lat six cents was the legal rate.
"The is cent rate was a 'Cliss'
nd not a 'Commodity' rate, and the
lalrman ot tho Chicago & Alton
raffle As-oclatlon, the association
uins the 1 s cer.t rate, under oath
stifled that they never applied and
as never intended to apply to oil.
"Thousands of tons of freight have
oen shipped from these points dur-
g the past 15 years under the same
Ircumstancos as the Standard shlp-
ents, and If tho Standard is guilty
;n this case, so is practically every
ther shipper in this great manu-
acturlng territory. Is there a pur-
oso in selecteing tho Standard as a
"The Standard OH Company
hipped about one-third of all tho
11 that went from Whiting to Bast
t. Louis, tho other two-thirds go
ng over the Burlington and the Al-
on. On the trial of the caso the de
endant offered to show by witnesses
prho were on the stand that not only
during the poriod covered by the in
dictment, but continuously from 1895
the Eastern Illinois had a lawful pub
lished and filed rate between Whiting
And East St. Louis on oil of six cents
per 100 pounds and that the Stand
ard Oil Company shipped at such rate
pver the Eastern Illinois more than
1000 cars of oil each year during
said period. To this offer the gov
ernment through Its attorneys stren
uously objected and tho court sus
tained such objection. The defend-
Iant contended and still does contend
that this proof would have conclu
cluslvely shown that tho Standard Oil
Comnanv hnrl nn nnsnlhln nintlvn In
shipping over tho Alton and thereby
iolatlng the law when it might just
as icadlly and conveniently have
shipped all of its oil over tho Eastern
Illinois and not have violated any
"Tho defondant also offered to
Prove that packing house products,
during the same period of time, were
carried between these same points
under a 'Commodity" rate for ton
cents, malt seven, cents; brick five
cents, corn meal seven cents; rosin
six and one-half cents; starch eight
cents; peas, beans and popcorn eight
cents; linseed oil in tank cars eight
centR; glycerine six cents. Tho court
jatfaln .susttiined ,the objections of
Government counsel and tho judge
again prohibited us from showing
the jury how absurd was the govern
ment's claim that tho rate, for ex
ample, on linseed oil was olght cents,
"hlle on petroleum oil it was 18
"Under such circumstances, and
'n view of the fact the petroleum
bad been openly carried over the
three roads from Whiting to East St.
Luls for from 10 to 14 years for six
cents what a draft It Is on human
credulity for tho prosecution to as
8ert that 18 cents was the only possi
ble lawful rate,
"The uncontradicted evidence
showed the Standard OH Company
as advised by tho rate clerk of the
Chicago & Alton that alx this cent
rate was filed with the Interstate
"The court, however. Instructed
tho jury that the shipper miibt know
not only what the rate was but also
that such rate was actually filed with
the Interstate Column rp Commis
sion, that is to say, that the view of
the court was that a shipper must
know absolutely what was the l??al.
rate at tho rljk of Buffering enorm
ous penalties In the event either that
ho was misinformed by tho railroad
company or that In tho event Hint he
did not c.err-e as much diligence
In the judgment of tho courts ho
should have exercised In ascertaining
whnt tho rate really was.
"If this i3 the law, every shipper
of freight is In danger of tho peni
tentiary or confiscation of his prop
erty by way of excessive fines every
time ho undertakes to make a ship
ment from one state to another.
"Knowing that tho rate on tho
Eastern Illinois was but six cents,
Having no reason for shipping over
the Alton In preference to the East
ern Illinois, and able to ship all of
Its oil over tho latter road, we Insist
that the facts, many of which the
court did not permit us to show, not
alone demonstrate Innocence, Inher
ently forbid the Idea of guilt.
"Wo further Insist that whatever
may bo one's technical view relating
to the above questions, every equita
ble consideration is with the defend
ant, and if the only desire was to
give this defendant a 'Square Deal,'
this prosecution would never have
"The American public not only be
lieves In fair play In the abstract, but
with all tho facts before It, it has the
capacity to determine whether a de
fendant, rich or poor, has received a
"For all these reasons the Stand
ard Oil Company asserts that It is
not even technically guilty and that
It ought never to have been pres
ented because of tho claimed failure
of a railroad company which has
neither been indicted nor prosecuted
to file Its tariff, and that the prose
cution of this defendant under the
circumstances of this case Is a pros
titution of the spirit and tho high
purpose of tho Interstate Commerce
Good List of Exhibits and Raoe
Horses Promised for the
Event. " y
DATE IS SEPTEMBER 10-14
Xortli llond Horse Ihitercd In Itim-
itliiK I'aci's Great Interest
Caroline E. Dedillion ot al to
Laura Taylor, S of lot G2, Bandon
Ida M.. Douglass et al to Win. Ilar
quist et al, Eft of lots 7, 8 and 9,
blk. D, Western Add to Marshfiold;
Simpson Lumber Co. to Lucille M.
Lynch, lots 31 and 32, block 5S,
Western Add. to North Dend; $5.
Thos. Vlgars et.ux to O. P. Egers,
lots 25 and 20, block 3, Bangor plat
J. H. Barbour et ux to Mary E.
McKnlght, lots 1G, 17, IS, 19 and 20,
block 30, R. It. Add. to Marshfield;
J. N. Foster et ux to Jennie A. Ca
vatt, a parcel of land In sec. 8, Tp.
28 S., It. 13 W.; $1.
F. G. Kelley et ux to C. A. Peter
son, Jr., lots 1, 2. 3, and 4, block 4,
A. M. Jones et ux to P. L. Nichols,
1 acio of land adjoining Elliott's Ad.
to Coqullle; $1000.
K. I. Perky, trustee, to S. E. Todd,
lots 22 and 23, block 14, Boise Add
to Marshfield; $104.80.
Lizzie Lobree to N. J. Cornwall, a
parcel of tide land in Sec. 25, Tp. 25
S., It. 13 W.; $7500.
W. B. Curtis et ux ot Lida J. Cur
tis, lots 5 and G, block 41, East
McClelland Invest. & Dev. Co., to
Lida J. Curtis, lot 4, blk. 10, Mlll
McClelland Invest. & Dev. Co., to
W. B. Curtis, Jr., lot 5 in block 10,
McClelland Invest. & Dev. Co., to
Ilosetta Curtis, lot G, block 10, Mill
j. C. Johnson et ux et al to George
C. Hor;i, lots 27-2S. block 52, North
Jacob Mattsoa et ux to oalvin W.
Wright et al, parcel of land in NW
of Sec. 29-23-12 v.;?au.
Anna M. bchafer et al to n. iv.
Borhus, lots 39 and 40, block 27, It.
It. Add. to Marshfield; $1800.
Minerva E. LUllo to Rosa LUllo et
al w of SE the NE of SBU
and SEK of NB of Sec. 2, Tp. 29
S., R. 13 w.; $1.
G. A. Hansen et ux to jonn in. vuj
0 I-.. .1 n14nlnltirf
and wife, parcel oi muu ""J"""""
North Add. to Coqullle; $C50.
Harvey E. James et ux to u. jv.
Hnnson, parcel of land adjoining
North Add. to Coqullle; !fdo.
C00S COUNTY HAS
Coos Bay was treated to rather an
unusual incident yesterday In a rain
which commenced about the noon
hour and continued practically all
tho afternoon. There was a good,
copious fall, and tho gardens and
grass will ho greatly benefited by the
downpour. The rain was general
throughout the county.
Roseburg, Oregon, Aug. 7. The
coming District Fair which will
bo held at the District Fair grounds
near this city September 10 to 14 In
clusive, promises to eclipse any form
er event over given by tho associa
tion. At t.ie present time there are
many of the stalls near tho race
track occupied by harness and sad
dle horses which are being trained
for tho races which will be held at
different fairs, throughout tho state
the coming season. For tho first
time in a number of years the track
is being put in condition early in the
game and by so doing the manage
ment of the association has proved
themselves to be wise, many horse
men being attracted to this city who
would have otherwise gone to other
points of vantage.
Word comes from Eugene that a
number of runners will arrle here
In a few days which will at once be
gin training. A number of Marsh
field hor&cs will also arrive In .he
near future, us will also some fast
flesh from the northern part of tho
state. Mr. G. A. Lawton, of Med ford
arrived last week with Tintoretto
(2:25), a bay stallion sired by Oul
boul (son of Stamboul), dam, Lady
Victor, and Longfellow, a green four-'
year-old trotter, sired by Tlntoretta,
dam, Lady P. The first named is a
wonder and it is said can produce
faster speed than his record.
W. it. b.n:.i, of Independence, ar
rived Sunday with Dexter S., a five-
year-old chesnut stallion, sired by
Silver Light, dam, by Rockwood, and
Seal Rock, a bay two-year-old chest
nut stallion by Diablo, dam, by Rock
wood. These are all green trotters
but will undoubtedly make an excel
lent showing with training.
Mr. Homenway of North Bend has
a live-year-old runner that looks like
a sure winner.
Albert O'Neal is here with the
handsome black stallion, Nocturno
(2:2G), owned by C. H. Brown, of
Oakland, and sorrel trotter owned by
Wm. McMullen, a well known
horseman, Is in charge of Dlavola, a
chestnut pacer, by Diablo, dam, Lily
Langtry; Diadem, a three-year-old
trotter, also by Diablo; Lady Leemo,
a brown pacer by Memo, dam, Katie
Dee, and a green trotter by Daly, W.
W. Cardwell Is working the chestnut
stallion Dlawood (2:11) and the sor
rel runner, King Kohr.
It is quite probablo that a number
of local horsemen will also enter
driving horses at tho event. Several
have already signified their inten
tions of doing so, these being Dr.
Seely, I. J. Denning, Baney Mathews,
The Fruit Kliiliit.
This year's fruit exhibit will un
doubtedly be much larger and better
than any former display over pre
sented in this county. 'The fruit crop
has been unusually large and of a
good quality this season, and tho
farmers ar6 eagerly looking forward
to tho tlmo when they can display
their product to tho public. The
management of tho association has
paid special attention to this branch
of tho coming fair, offering larger
prizes than have heretofore been
given. A largo number of tho farm
ers have already signified their In
tentions of bringing in a largo
amount of their cholco fruit and no
doubt when tho fair opens this de
partment will be ono of tho features.
The Stock Exhibits.
Tho management of tho fair aro
using overy possible means of mak
ing this branch of this year's event a
winner and from present Indications
their wishes will bo realized. Ore
gon, especially Douglas county pos
sesses much fine stock and the farm
ers are being urged to display largeJ
exhibits in this department.
On every home table there nm be asrved every day a plate of pure,
healthful, delicious hot-biscuits Jlowing the "CLEVELAND" Cook.
There is no economy in saving a few cents by using Aliim Baking
Powders. The cheap alum baking powders work sure injury to the health.
Enjoy the purest of home cooking by using
Made from a Superior grade of Pure Cream of Tartar:
Fr Sale by all Leading Grocers on the Pacfic
ATTORNEY COKE ON
John S. Coke left Tuesday on tho
Plant for San Francisco, where ho
has business matters to look after.
From there he will go to Portland,
where other business calls him, and
will return to Marshfield about the
20th ot August.
BE LI. C&
J. R. fjjKON
Tront Street, : : Ml
""TIIT1II1II ii miiiinin
Nilie iti.kifnwg'it ft t nS.'Ifin I
Philip Rftfcpr, Propiirior.
Dealer in Pi
livery to all
ii SSSSj I
Eck htoy paid up Eg
BGenetl BankinI I H
A. ,HARING I I
pre fotcam MJlk 1 ' AH
tilk,f FrcofdV !,
nfaof tlie (it). 1 !
i Ocegon ijg
fc.TH BEND I
r sq&ts h
THE BAY PS
.livdifiici 'mil rvViih O
8 Mluutdk j
Our service is the best of
any restuarant in Marshfield
We have a restuarant that would
do credit to a place of many
times the sizA of Marshfield In
our dining room vou can secure
not to be ferfelled. Everything
is first class up-to-date and
the cooking vies with that
"Like Mother used to
Auiet and uk
,B riX fl
r Dossier um
Br jancn oo
Hcml Made in 1
Fare: One wur, inc.; rvnid trip, jri
J. A. O'KELLY, Proprietor.
I kE BON . i
II V1VANT I
H North Front Street H
h Opposite City Hall H
E. R.. COLGAN,
Successor to CoIgan& Gallup.
Office fixtures a spocinl
Shelving. Lot us work
plans. fiee us be-
Shop opposite Bear's LtVoy StaUe, Nortk Front Street