Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-08-12
Attorneys Assert Standard Can
Not Escape Payment of Penal
ties For Law Violations
SUPREME COURT WON'T ACT
Belief Exists That Rockefeller ct al
Will Count Out the ashins-
ton No Longer Fears Reaction
Against Federal campaisn-chanaes
in the Senate. I,
in the Senate.

the department of justice are trying to
company will make to prevent the pay
ing of the enormous fine imposed by
District Judge Lands for rebating.
The general belief is that the initial
step will be to apply to the federal cir
cuit court of appeals on writ of err
ror and ask for a new trial. Failing
in This, it is thought that the Oil trust
will then go to the United States SUI
preme court and ask for setting aside
of the decision Under section s of the
constitution, on the ground that the
fine is excessive. The officials say that
it would be exceedingly surprising if
the supreme court took action opposed
to the finding of Judge Lardis. They
hold that if the fine should be reduced
by that tribunal, it would be in the
nature OF favor granted to the COM
pany and not as right; and they add,
sardonically, that this court is not in
the habit of granting favors.
1t is plain to see that they look for
the penalty inflicted by the district
court to stand. When the decision of
Judge Lands was first made known,
some of the legal lights of the Depart
ment feared that the heavy fine might
lead to a popular reaction against the
anti-tru campaign that is being con-
Quoted by the government. but this
feeling apparently has disappeared. 1t
was admitted that the report of Com
missioner of Corporation Herbert Knox
Smith. showing the disproporionate
earnings of the Standard Oil company
in the last twenty odd years, had much
to do with bolstering up their belief
that the public would accept with
equanimity the punishment 1peted out
by Judge Landis and that there would
be few tears shed when the trust
walked up to the treasury and per-
mitted it's score and a half of millions
to Jingle merrily into the till.
That the company will eventually
have to pay the big fine, notwithstand-
ing how earnestly they may involve
legal processes, was the opinion of
practically every government lawyer,
'"This is a criminal case" said one
of them, land it must rest on all tours
like other criminal cases. I have rea-
son to believe that the company will
claim that. while the fine imposed upon
the Standard Oil company of Indiana
is more than s29,O00.O0O. the assessed
value of the property of that concern
is only s1O0o0.0OO. That may be a
very good argument until you remem-
Der that time and again poor devil
of drunk in the police court is fined
$40 when he hasn't cent in his pocket
to meet this punishment. My idea is
thai it will be held that the Standard
Oil company of New Jersey is part
and parcel of the Indiana concern and
that 1t will be levied upon to meet
the fine"
The election of Joseph F. Johnston
to succeed Senator Pettus of Alabama,
is an interesting addition to the small
of democratic senators who
next December will find seats on the
sides Senator Johnston, will be John
II. Bankhead, succeeding John 7.
Morgan of Alabama; Jefferson Davis,
James H. Berry, of Arkan-
sas: Robert l.. Taylor, succeeding Ed
ward w. Carmack, of Tennessee and
Thomas Fl. Paynter succeeding Joseph
c. S. Blackburn. OF Kentucky. John
Sharp Williams, recently chosen at the
primary to succeed Senator
Money, will not take his seat until
later.
Besides those succeeded by demo-
Gratis there were four other democrats
CLARK of Montana. Gearin of Oregon,
Dubois of, Idaho and Patterson of Col
were succeeded by repub-
leans.
Bankhead of Alabama is the only
new democratic senator to take his
seat in the sixtieth congress who came
straight from the house to the senate.
Senator Johnston comes from private
life, tho he is not without experience
as public servant. having been gov
ernor of Alabama from 1895 to 1900.
He is lawyer by profession, but is
better known as financier. He was
the first president of the Sloss Iron &
Steel Company. and is credited with
having accumulated a large fortune
in late years.
Frank H. Hitchcock. first assistant |
postmaster general. has slipped out of
Washington on his much -fleralded |
western political trip. Ostensibly on
he western circuit to Inspect post
offices and look into postal matters"
t is an open secret that he has Jared |
,orth on much the same mission as |
was his recent southern trip. when he |
vent into Georgia, the Carolinas and |
other states at the direction of Presi-
lent Roosevelt, to 'size up the Taft
;entiment.H
AS assistant secretary of the repub-
lean national committee. as we'll as
n his capacity as high postal official. /
will talk on the quiet with
charmen. national committee
men and politicians, and is expected /
% feel the pulse of the west and report
% Oyster Bay.
If not forced by office matters to
'etllrn Hitchcock may go to the Pa 7
,ific coast and also touch at st. Louis
md Kansas City
All Are United
n saying that for all Stomach, Liver
-, L.;,l,a,, 1;caa here is no rGna1V