Omaha daily bee., 1906-08-13
TBE sTANpARD on INDICTMENTS

THE STANDARD OIL INDICTMENTS.
The rebate indictments against the
Standard oil company at Chicago, II
they shall be sustained on trial by
legal evidence, will set another mark
OF incalculable Importance in the en-
forcement Of the laws for equal trans
portation rights. These prosecutions
ore aimed at precisely the class of
offenses by which the vital purpose OF
the original interstate commerce acts
and all amendments thereto have been
so extensively evaded and nulllfied,
particularly by great shippers, and,
most of all, Il is believed, by the Stand
ard Oil.
The indictments are not under the
interstate commerce act of 1887, which
did not make IL an offense for ship
per to receive a rebate or its equiva-
lent, but under the act of 1908, which
makes It unlawful to solicit. accept
or receive any rebate. concession or
discrimination in respect of the trans
portation of any property In interstate
or foreign commerce" by which such
property shall "by any device whatever
be transported at a less rate than that
named" in the field tariffs. or ANY
other advantage is given or diserimina-
ton is practiced." The evidence on
which the government relies, and
which is believed to be conclusive. is
simply to the effect that the Standard
Oil was given by the Lake Shore rail-
road free storage for its freight,
whereas other oil shippers at the same
time had to pay for the same service.
IL the evidence shall establish the fact,
there is no question as to violation of
the law. and that thereby the Stand
ard OIL became liable to fine of not
less than $1,000 nor more than $780,
900 for each offense proved.
1t is noteworthy that the evidence on
which the government relies is derived
from the officials and agents, of the
railroad company, who are themselves
guilty of granting the rebates, but who
by testifying will receive immunity.
Under the Tobacco trust decision they
have produced the roads records and
papers and in addition have testified
fully of their own. knowledge, thus
opening up to the government re-
sources for prosecution the lack of
which during the whole previous his
tory of the interstate commerce legis-
lation has impeded enforcement.
The developments in these cases do
not comport with the solemn public
protestations ofsits highest officials
that the Standard Oil has received no
rebates since the Elkins law went into
effect. Whether 1t has received direct
cash refunds there is no doubt that
the Standard Oil and other shippers
controlling big freights, in spite of the
law, have continuously and systematic
ally had the advantage of such dis
ordinations as the Chicago indict-
ments embrace. These are as much
law violations as rebates in the old
form of cash refunds. and as fatal in
effect on unfavored shippers and the
public, ard by this unlawful system
the Standard Oil has been able as eff
fectually 70 stay competition as by, the
previous plan of direct rebates. The
prosecution of the Standard Oil there
fore goes to the core of the evil. 1.-THE
greatest corporation dictator.of freights
can be brought to book for such viola
lions under the old law the outlook for
public protection with the increased
penalties and amplified powers under
the new rate statute must be deemed
most encouraging.