The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-05
STANDARD AND COURT.
Notable Features of the Trial and
Judge Landis' Decision.

| The fine assessed against the Stand
ard Oil company by Judge Lands is not
the only big item in connection with
| the case. The estimated cost of the
prosecution to the government is $780,
] 600, and to the defense 100000. The
/ earnings of the company in the three
| years Involved were over three times
the amount of the fine.
Following are some of the features Of
Judge Lands decisions:
The man who thus deliberately yio-
lates this law wounds society more
| deeply than does he who counterfeits
| the coin or steals letters from the mail.
The only way for them (rivals of the
Standard Oil company to stay in the
oil business would be for them to adopt
the practice of this defendant and pro-
cure the great public power of railway
companies to be secretly perverted in
their interest Under no other possible
theory could they hope to. survive.
1t is the substance of the thing, and
not the mere form, with which the law
is concerned. The. defendant here is
in precisely the same. position it would
OCCUPY If it had paid the Alton COM
pany at the unlawful rate each time a
car was shipped. t=H 81.
Waving the question of the studied
insolence of this language regarding
the 'mob'), insofar as it may be aim
ed at the present occupant of the
BENCH the court can, of course. only
leave to the discretion of the Standard
OIL company the WISDOM ana DcOprleIy
of a 800 0O0, 900 corporation gratuitously
inaugurating agitation about the mob
The court is not impressed by the
doleful predictions of counsel for the
defense as to the hardships upon the
honest shipping public to be anticipa-
ted from the enforcement of this rule.
The honest man who tenders a COM
modify for transportation by railway
company will not be fraudulently misled
by that company into allowing it to
haul his property for less than the law
authorizes it to collect
The conception and execution of such
a commercial policy necessarily IN
wolves the contamination of subordin-
ate officers or employees, even looking
to the time when testimony will be re-
quired for the protection of the reve-
nues of the offender for the exactions
of the law for its violation.
Under the doctrine insisted upon by
the defendant the railway company
might give the Standard Oil company
tract obligate itself to withhold the
same rate from the very man the taxi
ing of whose property by eondemna-
ton rendered possible the construction
of the road. A more abhorrent heresy
could not be conceived.
1t is the defendants position that It's
offense was wholly technical; that no
body has been injured because there
therefore, the punishment, IL any,
should be a modest fine. =: 1t is
novel, indeed, for convicted oe1eno-
ant to urge the complete triumph OF =
dishonest course as reason why sucn
course should go unpublished.
The nominal defendant is the Stand |
ard Oil company Of Indiana. million
dollar CORPORATION. The Standard on
of New Jersey, whose capItal
is 500, 0O0, 000 is the real defendant
Where the only possible motive OF
the crime Is the enhancement OF d1xl-
dends, and the only punishment auth
orized is fine, great caution must De
exercised by the court lest the hxing
of small amount encourage the de-
PENDANT to future viola tons by esteem
ing the penalty to. be- in the nature OF
license. : ,a ~
For the law to take from one OF IT'S
corporate creatures as penalty TOT
The commission of a dividend producing
rhine less than one-third of, its net reve-
nues accrued during the period OF Vio-
alton falls far short of the imposltlou
IF an excessive fine, and surely to 90
his would not be the exercise or as
much real power as is employed when
4 sentence is imposed taking from
human being one day of his liberty.
This court is Obliged to confess that
4 is unable to indulge the presumption
hat in this case the defendant was
convicted of it's virgin offense.