Show OIL Oft TRUST SCORES IN N sun SUIT Attorney ney Alo John S. S M Miller ier Points Out Flaws in Governments Government's Governments Government's Governments Government's Govern Govern- ments ment's Case ALTON DEAL IS REHEARSED Counsel Considers 1 1017 7 In Indictments In- In 11 dict and Declares Nothing Illegal 1 I Chicago March 12 rho 12 The The Standard OH Oil 01 attorneys toca today took a real punch at the governments government case against the octopus octopus Attorney Miller Miler toda today went wont straight after aCer the 1017 indictments on which the trust Is being tried When hen the tho court adjourned for Cor the afternoon af at- the trust per Attorney John S. S Miller had punched several holes in the Indictments which will wi have hv I Ito to be stopped U up by District Attorney Sums Sams before Judge Landis gets hold of the case CC Tho The go government toda today completed the chief chic testimony that It I had hind upon th the subject of oC the publication of the tariff for tor shipping oil 01 between Whiting WhitIng Whit Whit- Ing and St. St Louis Loul Louis The Tho trust came to bat with wih tho the statement that the prosecution prose cution cuton had not made out a n cs case with wih respect to the St. St St Louis shipments numb numbering IOl 1017 as aforesaid and asked ed the court conn to rule upon upon that pro pro- position Mr h Miller said to lo the court that the indictment charges these things 1 I. That the Alton Aiton Alon road engaged In transportation between Chapell Chapel and SL Si Louis Louis 2 That the Alton Aiton Alon road established a rate rato for the transportation between Chapell Chapel and anti St. St Louis 3 That the Alton Hon road filed ted and established tariffs for Cor the between be be- t tween Chapell Chapen and amI St. St Louis Luis Assertions False Mr 11 Miller ller Insisted that th the evidence c showed that the Alton Alien had done none of lone these things He lie lc insisted that the route of oC tho the road was identical with wih Its Is own I rails mis and and that it i did lid not operate any other road than Its Is own He said ald that in the tho absence of ot some express agreement agree agree- ment meat with wih the St. St St Louis Luis Bridge and Terminal company compan tu the Alton lon could not make mak any rate over 0 tho those e carriers He said that the evidence had hal shown that no such agreement existed Mr Ir Miller ller said ld that there here are two kinds of schedules 1 1 The rates that a road roal establishes over its is own route roule 2 A joint rate rte made b by two or more moi-e roads roads Ho He said sid that a joint rate was made malo b by agreement and that the government had failed to show that the Alton AHon could make a rate of its Is own to Str St Louis or that it ft had any agreement agreement agree agree- ment meat with wih other road or 01 carrier for the RJ f such a rate rate le TIe He laM laid i down these propositions sl Operates no Such I load Hond I The Alton Alon does lees not own and operate operate operate oper oper- ate any route from Chappell Chappel to St St. Louis There Thero was no HO through rate pub pub- The Tho hd brIdge c anti and ferry com companies panics at East St. St Louis took the traffic and handled It i at their own rates The Alton Alon could not lawfully mal make e ethe the tariff of the ferr ferry and bridge companies companies com corn panics its Is own tariff That any joint tariff must show on Its face the carriers that became Is parties par par- ties tics to it Mr Ir Miller MIer quoted from the United States Supreme court to show that there can en be no constructive offenses under the criminal statutes and the offense of- of law must mut Isel Itself be defined In the |