The Washington herald., 1907-08-06
STANDARD MUST PAY
Officials Here Think Fine
Will Be Settled.
SEE LITTLE USE OF APPEAL
One Government Authority Inclined
TO Doubt Validity of Plea of Con-
fiscatiOn on Part OF OIL Trust-COm-
pares Complaint to Act OF Judge
I'm Assessing Vagrant $40.

Government circles In Washington ex-
press the opinion, John D. Rockefeller
to the contrary Notwithstanding. that the
Standard Oil Company OF New Jersey
viii eventually be compelled to pay the
fine Of S29. 10000 imposed by Judge Ian
dis, at Chicago Saturday. on the Standard
Oil Company OF Indiana, which was con-
victed on more than 400 counts of vio-
lating the provisions of the Elkins anti
rebate act.
The plan Of campaign that the Stand
ard viii adopt in its efforts TO prevent
the enforcement Of Judge Lands order
Is not known here, but It is pointed out
that the defendant may appeal, either
to the Circuit Court OF Appeals, or to the
United States Supreme Court. 1t can
have the case reviewed In the former
tribunal on a writ Of error, OF may bring
it before the latter tribunal on constitu-
tional grounds.
II the Standard goes into the Supreme
Court. it viii not DO as a criminal Under
the law there Is no appeal TO the Su-
preme Court in criminal cases except
where capital crimes are involved.
Basis for objection.
Section Of the Constitution provides
that the courts shall not impose cruel or
unusual punishment or excessive fines
In the event that the Standard fails 10 Sc
cure a reversal by tie Circuit Court Of
Appeals OF the decision OF Judge Lands.
thus remandlng the case to the lower
court for retrial. it IS expected 10 take
advantage Of its rights under the section
of the Constitution above referred TO.
Upon what ground the Standard would
base its plea that the fine imposed by
Judge Lands IS excessive has. Of course.
not been disclosed by the attorneys OF
that company. The Constitution does not
define the term excessive fine" That IS
point 20 be settled by the judiciary.
The suggestion has been made that the
fine Of S2S.Z+0.000 IS excessive and. in fact.
confscatory, for the reason that the de-
fendant, the Standard Oil Company OF In
diana, is capitalized at 100000, and has
assets Of S10,000000. representing an invest
ment Of less than one-half the amount
which the court proposes shall be as
sessed against it for violation OF law.
COnhscation Not Involved.
Suppose a small concern with capital
OF $4,000 was convicted on charges similar
10 these brought against TIE Standard in
the cases under discussion" said an Off
cial of the Department OF Justice to-day.
The court could not impose less than
S1.01 fer each Offenso, which would far
exceed the capital stock and resources Of
such a company. Would that be confsca-
tory2 A police judge viii fine man SO
FOR vagrancy when he knows the unfor-
tunate hasn't got cent IN the world
The question Of cOnhscatlon. TO my mind.
is not involved, and the Standard viii not
fight the battle on that ground"
1t is the purpose Of the government If
PC ssible. to fix the responsibility for the
pa 5ment OF the fine imposed upon the
St ndard Of Indiana on the Standard Of
New Jersey. II will be alleged that the
Standard Of Indiana is a subsidiary CON
Germ, and that the Standard CT New Jer-
sey Is the responsible party. To prove
this was the purpose Of Judge Lands
examination of Rockefeller.
The contention that the fine is exces-
alton. it Is believed here, viii not be sus-
tained by the court.
After New Jersey Concern.
During the trial Of the rebate cases. the
court showed plainly that it regarded the
Oil Company Of New Jersey as
the real defendant. and especially so
when II summoned as witnesses Mr.. |
PocLyafeftar and other officers of tba Fast
ern corporation. The same question is I
az issue in the St. Louis cases, where the |
Standard has been indicted in the Fed |
eral courts under the terms of the Sher- |
man antitrust act.
The government intends to continue the |
fight against the Standard Oil Company
with great determination. The Circuit |
Court of Appeals will meet in October, |
and the Standard rebate cases will doubt |
less be set for an early hearing