Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1906-01-05
DIFFICULTIES WHICH CONFRONT
PROSECUTION ARE ENORMOUS

Phlladclphia, Pa, Jan. An sum-
ming up their investigation of the
Standard Oil Company the agents Of
the department of commerce and la
Dor who have been working so hard
on the case for the last ten months or
SO VIII recommend that prosecutions
he instituted at various point through
out the country against local agents
and managers of the Standard Oil
Company, against the railroads which
have been proved to be giving Illegal
rebates, and also against the officers
Of the bogus Independent oil compa-
nies which have been operated from
the outset in restraint of trade and
for the express purpose Of sitting cont
petition.
Any general prosecution of the
Standard Oil Company would proba.
bly, take place in New York City and
in the New Jersey federal courts, be-
cause the corporation is a native of
that state legally if not actually, There
is no necessity. It is said, to limit the
prosecution to these points. but wher-
ever the evidence is the strongest a
case will be presented to the federal
grand jury and indictments sought.
Where "System" Is Weak.
1t has been found on looking intc
the Standard oil system that the COM
pexity of its operations is at the
same time its strength and its weak
ness. 1t will be impossible in many
cases to prosecute the company on
some charge which would hold good
in another case.
The multiplicity of companies and
corporations and sometimes Of indi-
vidual operators, all a part of the cell
ebrated system has made it dill
ficult to concentrate evidence against
particular persons; but, on the other
hand, the operations Of the Standard
Oil have been so widespread that At
has run counter to the criminal pro-
visions Of three or four different ted-
eral statutes.
when the attorney general recently
sent out directions 10 all the district
attorneys IN the United states en-
gagged in prosecuting cases for the
giving or receiving Of Illegal rebates,
they were instructed wherever pos
sible to have the indictments re-
turned under the general conspiracy
law. The punishment for an infrac-
ton of that law may be not only fine,
but imprisonment as well.
Hone 10 Prove Conspiracy.
It is the hardest thing I'm the world
TO prove conspiracy without the
evidence Of one OF the conspirators. 1t
seems likely however, that in the case
OF some of these bogus companies
which were manifestly organized and
operated in the interest of the stand
ard oil company an indictment of an
tho officers and agents. with the pos
slbillty of a term in the penitentiary,
win result I'm the offer of an abund-
ance of testimony from these subor-
dinates themselves In that way II
seems probable that the connection
between these companies and the
Standard oil ultimately can be estab-
llshed.
or course the big system can be
prosecuted directly under the Elkns
law wherever there is evidence Of Its
having received rebates from a rail-
road company. The through pipe
lines from whiting, Ind, to the sea-
board had not been In operation long,
as before II was finished the Standard
oil company, so the government
agents report, received a direct benefit
on every tank Of oil the railroads
hauled Tho big trunk lines were
greater offenders than the little ones,
because they carried moro of the
freight II has been shown in some
instances so long as there was a real
Independent company at work I'm
certain territory the tariff rate for oil
l,,ssey,,-.4ls.y,se zyss,.,e->r.~sSs
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