Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1899-09-04
BARTLrtrs sIoE or ras CASE.


Editors Citizen;
santa re. n. NJ. September 2.-i notice
IN your issue OF the 3lst, In your report
OF the coal oil case heard in the supreme
court on the application OF d. q. Wilson
Ter a writ OF habeas corpus. the following
language:
IL appears that Solicitor General X. l..
Bartlett, who represented the territorial
commerce commission, and Hon. Neill y.
Field, the attorney for the prisoner, en-.
tered into n stipulation. the effect Of
which n that the prosecution conceded
that the Continental OIL company pro-
duced no oil in New Mexico. but Inn
ported its entire supply and disposed OF
II here In the original packages.
The United states supreme court held
In the whiskey cases from the prohibit
tiOn states OF Kansas and Iowa. that states
cannot interfere with the shipment OF
goods from one state TO another. no long
rs the goods remain In original packages.
Ia the lace Of above stipulation. the court
could not very we'll have done other wise
tlisn declare tho law. In 80 far ~ II re
lated TO the oil trust. unconstitutional.
The cOns,itutiOnslity OF hat portion
OF the law. which relates 10 corporations
who do not dispose OF their goods In the
original packages, imported from an
other state. was not passed upon and will
be- good law until another adverse and
more sweeping decision Ia handed down
by the court.
They are misleading and untrue. and
the information vas given by some per-
sou, either ignorant OF the facts. or who
desired to wiliully m~isrepresent them.
There WAS a stipulation OF facts which
might be proved. as IL universally the
case In such prosecutions. for the pur-
pose of saving time and expense; the
facts being omitted aud purely a ques.
ton OF law presented. The stipulation
OF facts in this case wa precisely the
same as that on which Judge Crum-
packer held the defendant TO the grand
jury; and the portions OF the stipulation
referring to this matter WAS in the fol.
lowing language:
2-"That the Continental Oil company
does not actually produce or refine,
petroleum or It's products. but IL en-
gagged Ia distributing the same; sal !
company buys said commodities from the
actual producers and r%eiiners, and brings
a portion thereof into the territory OF
New Mexico, ami sells and disposes OF
the same to ali persons desiring 10 pur'
CHASE from II.
3-"That portion OF the coal oil go
brought into the territory OF New Mexico
by the Continental Oh company IL
shipped into said territory on orders re.
ceived by II without said territory.
from persons residing within said terri
tory, in this original packages, In which
the same is put up by the said Cont
mental Oil company for sale. and Ia de
liyered by said company to the pur-
chasers In such original packages.
THAT other PORTIONS Of the coal oil nc
brought into the territory Of New Mexico
by the Continental Oil company
shipped 10 tina various points within tn
territory, where the said company hs
established distributing agencies. an
these stored ia tanks and otherwise. an,
delivered to purchasers in such quaint
ties a. may be desired except that. n,
delivery IL made OF less than five gallons
| presume that no one will doubt tina
the above stipulations are facts whicl
could have been readily established b,
proof, and paragraph 4, distinctly admit
tnAt PORTIONS OF thls coal OIL Whs NV us
posed Of "in the original packages" tn
difficulty was not in the stipulation, bu
in the framing Of the law which did nc
omit from its operations Original pack
ages" IA suggested by one of the Justice
OF the supreme court. after the case wa
decided. Judge Parker Ia now engage
writing the opinion in the case, and al
&, ter 1t appears. We will all know bette
the exsct grounds upon which the de
cision was rendered. until which time
IL will be better to refrain from commen
and stating authoritstively what portion
OF the III act are good law"
Very respectfully,
howard l.. BARTLETT,
Solicitor General.