Arizona republican., 1907-08-04
Judge Landis Gives It the Limit for AC-
 Cepting Rebates, $29,24O.OOO
He Eanbtters the Punishment With the Observ atiOn That the Members of the Company Are No Better Than Thieves and Commentators.

"The law prohibiting preferential railroad rates was passed 20 years ago. Its adoption was preceded by vigor- ous opposition interposed by those who had been benefited by the vicious ipractices its enactment was designed to abolish. Immediately thereafter. these persons set about to devise means for its evasion. The records of the courts and of the Interstate Commerce Com mission show the employment of a large variety of schemes to accomplish this result During the period since 1887. con- gress has repeatedly endeavored to ef- i fectively amend the law with a view to the accomplishment of its great ob- ject. Finally in 1893. the Elkins law was passed. The court recalls that al that time an earnest hope was very | generally entertained that at last means had been devised that would put an end to preferential railroad rates , and yet a few months thereafter the Standard Oil company procured 1900 carloads of property to be shipped al an unlawful secret rate and for this offense the Elkins law authorizes pun ishment only by fine. an obvious de- | feet. remedied however by the pres ent law which prescribes imprisonment | in the penitentiary for a like offense | However. it is the business of a judge to administer the law as he finds it rather than expatiate upon the made quacy of t4 punishment authorized for its infraction.
 Tt Is the judgment and the sentence of the court. that the defendant. the 1 Standard Oil company. pay a fine oi S29,24O.O00. one thing remains. II must not be assumed that in this ju- | risdiction these laws maV be ignored | If they are they will be enforced The plain demands of justice require that the facts disclosed in this proceedine be submitted to the grand jury with a view to consideration of the con- duct of the other party to these trans. actions. Let an order be entered for . panel of 60 men returnable at ter o'clock on the morning of August IA The United States district attorney i. directed to proceed accordingly" 1 The decision of Judge Landis aroused almost as much interest as did the presence of John D. Rockefel-
 
 oil company in the courtroom on July 6. The crush was so great that a large force of deputy marshals had much difficulty in controlling tho crowd that was anxious to force its way into the court room.
 The government was represented in the courtroom by United States Dis trfct Attorney Sims and Assistant District Attorney Wilkerson. The at- torneys who tried the case for tn, Standard oil company. John s. Miller Moritz Rosentflal and Alfred D. Eddy were not present, the company beinf represented by Merritt Starr. a part. ner of Miller, and Chauncey Martin from the office of Eddy
 When Judge Landis' took his seat or the bench he said quietly: 9Th, United States versus the Standard Oi Company; is the defendant represent ed?-
 f If the court please" said Starr. "or behalf of the defendant and in the ab sence of regular counsel. but with their authority, desire to make { suggestion or two pertaining to tn, final order in the case before"
 Doesn't it strike you" broke ir Judge Landis. that it would be wei to wait until I have finished with thi! document? Then I will hear what yol lhave flo say"