The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-08-04

LT'peH ulIecllN 10 lnc uiRneT COURT Vi tHo
country"
That the lengthy opinion given by the
Court would materially clear up the Gov
crnment's constant study Of questions re-
lating TO Interstate commerce was the
opinion Of the District Attorney. The
opinion was the strongest and ~clearest
statement Of matters relative to this sub
ject that has been given" said Attorney
Sims. 1T is a clelr exposition Of up to date
facts regarding the interstate
laws and ZONES at the most opportune
time. For twenty years the Government
has beer studying and working on this
question and this opinion cicaxs up a num-
bcr Of doubtful questions and blazes the
way for many things"
IN beginning his decision this morning
Judge lands set fort "A statement OF the
facts Of the case as follows:
This is n prosecution OF the STANDARD
Oil Company Of indiana for alleged viola
tions Of the act approved February. 10, 1903.
known as tho Ekins law. The charge is
that tho defendants property was trans
ported Ivy the Chicago and Alton Railway
Company At rates less than those named in
the carriers tariff schedules published and
filed with The Interstate Commerce Commits
zion, M required by law. The offences
are alleged TO have been committed
during the period from September 1, 1908,
10 h1arCn Y, IVA. Inc lnulCtIneDJ contains
1893 counts. each charging tho movement Of
q ear IT oil. Certain of the transportation
ia alleged to have been from Whiting, Ind,
30 East 81. Louis, H., the remaining counts
covering transportation from ~Chappeu, ILL.,,
10 81. louis, Mo The plea was not guilty
On the trial AL counts were Withdrawn
from the consideration of the jury On
grounds not going to the ultimate quest ons
involved in the case. On i.4s2 counts the
verdict was guilty Motions for a new
sr,al aud nm arraat of INDIGNANT ha wing haan
overruled. the matter is now before the
court for the imposition of the penalty
authorized by law
A good part Of the decision was taken
VIZ with a quotation Of the statute ~forbidding
Relating.
"The men who deliberately violate this
Jaw wound society more deeply than does
he who counterfeits the coin or steals letters
from the mails" was one sentence in the
Judges arraignment OF the company.
Earlier he had announced that TO heed
Its plea for n modest fine because IL had
injured no competitors, il having none,
would be 10 put a premium upon crime.
Another rebuke for the defendant cor
poration and for the lawyers came when
Judge Landis spoke of the studied inso-
lence' with which they had treated the
Court. With the rebuke was a warning.
Judge Landis quoted from the statement in
which the company lawyers had refused to
plead mitigating circumstances in connec-
tion with their defence, and said that he
must consider their offence the first one.
In this statement the word mob had
been used. 1t afforded Judge lands an
opportunity for pillorying the millionaire
corporation which ~-gratuitously intro
duced" such a subject before the court.
Judge Lands then told of the examination
Of the officers of the standard Oil Company
Of New Jersey. its purpose and i'll it
had resulted.
For the guidance of the Court in determin-
ing the penalty 10 be fixed in this case"
he said, the Court requested counsel TO
furnish as To what, IL any,
corporation held the stock of the defendant
Standard Oil Company of Indiana, what the
outstanding capital stock of such holding
company was and what it's net earnings
and dividends were for the three years
covered by the indictment.
Transformation which the Cour deemed
IL TO be his duty to obtain in order that
he might advisedly exercise the discretion
required by law in fixing the punishment.
the defendants counsel. after deliberation.
refused TO give. The Court, therefore,
caused subpGnas to be issued requiring
the presence here of the principal officers
Of the STANDARD Oil Company of indian
and OF the Standard Oil Company of New
Jersey.
Defendant counsel thereupon applied to
the court to recall these s~ubpoenas, repre-
senting that such principal officers were
not in possession Of the information sought
by the Court. and suggesting that the sub
1nas be limited to a certain person who.
Il was said. had the informa-
ton, and whose name counsel offered
to give to the Court. In response 20
the Courts inquiry, however, as To whether
such person would testify OF refuse To
answer should this course be adopted the
statement was made that he might decline
TO answer on the advice Of counsel. There
fore, being of the opinion that il there was
10 be'such refusal to testify it ought not to
come from SOME subordinate selected by
the defendant for that purpose the Court
declined to recall the subpo,nas Accord
ingly. they were duly served"
After dwelling at great length on the sub
ject Of railroad tariffs. in which he set up a
strong gun to the effect that the oil
trust had been favored with special rates
~ against the full rates charged To COMPETE
tors, Judge Lands attacked the plea of
the defence AS to its method Of special
billing. He continued;
Respecting the defendants alleged
natural right to make "a private contract
for a secret railroad rate, candor. obliges
the Court TO say tina he knows Of nothing
to support the proposition but the eminence
Of counsel who advance it.
Win such cases, az in all others, il would
require two parties. each competent to
contract, and considering the nature of
the thing TO be contracted for. the rail-
way common carrier il fundamentally in
competent. This is so for the reason
that the railroad company is a public func-
tionary and is enabled 10 construct and
operate a railroad only by it's exercise of
the power OF eminent domain. which is
a sovereign power OF government. Thus,
by condemnation proceedings. such a COR
poration may take the property OF the in
divfdual citizen, even his homestead, against
his will and protest.
The theory upon which government
authorizes this 10 be hone is that il is neces-
sary for the public welfare. and nothing
can possibly be more plain than that property
thus acquired must be used for TIE benefit
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