The Birmingham age-herald., 1907-05-27
Rarked un the Wronn Tree.

From the Brooklyn Daily Eagle. It took a Chicago jury about two hours to bring in a verdict of guilty against the Standard oil company, charged with hay ing sent oil from Whiting, Ind, to East St. Louis at cents a hundred, the legal rate being IS cents. There was one indct- ment, but many counts-1463. For each offense, otherwise called a count, fine must be imposed When sentence has been pronounced the company may find $29 260,- % added to It's Hts of contingent liabili- ties. There is a large margin, however, between maximum and minimum, $1,463,- eco being the lowest figures at which the trial judge can mulct the corporation. His honor specifically charged that the jury must first find intent on the part of the defendant to violate the law.
 Naturally the verdict was hailed as a signal victory for the people. Culpability, not to say criminality, is assumed as a matter of course, when the defendant happens to be a great corporation, which Is held to be synonymous with grinding monopoly. Still, the fact remains that law is not presumed to differentiate, that 1t is protective as well as punitive, that
 it is defensive as well as offensive. Also, the fact remains that injustice can be done to none without peril to all, rich and poor alike being in the same boat. And there are facts in the case against the SlanQdTu Oll colHpdHy dCCOunl Ol which can well be taken.
 There is railroad competition between the points alluded to above. The Chicago and Alton asked for part of the Standard oil business. offering transportation at prevailing rates, 6 cents a hundred. The offer was accepted and the business divid- ed. It appears, however, that the Chicago and Alton was a reorganized road and that it's predecessor had published IS fr n hatn1 ae Il fa nfI rnf a ar appears that this rate had gone into desuetude, being superseded in everything but the matter of publication, which little legal formality had been overlooked. Armed with this technicality, the govern ment invoked the pains and penalties of law.
 Statutes have been described as common sense crystalized. The defendant diverted to the Chicago and Alton part of the pat ronage two other roads enjoyed As nc other manufacturer ships oil between the points there could, of course, be no effort to grind a competitor. And as neither more nor less was paid to one line than to each of the two others, it was a clear case of share and share alike as far as the carrying corporations were concerned. So nothing can be clearer than that there was no motive for violating law, the one thing clear being the. absence of induce ment. Nor finally, could any harm come to the consumer, the company's rule be- Ing to make the selling price plus the freight
 For what, therefore, Is the company to be fined? Certainly not for restraining trade because there was no competition. Certainly not for aiding and abettng railroad monopoly. because it distributed it's patronage. Certainly not for conspir- ing and plotting to rob the consumer, be- cause the aforesaid distribution cost him nothing. As a matter of fact, damage was done to literally nobody. neither pub lie nor private interests being either in- jured or menaced. The head and front of the company's offending is that 1t did not pay a rate not only obsolete, but ridiculous. It only remains to be added that it is not more ridiculous than the law which. in such circumstances is car ried to enforcement. As to the govern ment lawyers, they were barking up the wrong tree.