The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-08-08

company YIN az ths ans sefvics Sor
Chicagu and Alton.
Evidence Complete.
The chain Is complete In every detail and
the conviction is destined to be even SIM
pier than that of the Standard OIL COM
Epany. In the Alton case there Will be no
necessity to show that the tariffs were
posted as required by law, since that Is a
provision to safeguard the shipper and not
carrier.
In fact, every point which the Alton
might choose for the defensive has already
been decided. The company furnished the
evidence, although reluctantly, upon which
the conviction OK the Standard Oil COM
pany was based, and now this same evil
dence will be used for Its own conviction.
There wilgbe no escape for 1t on an 'tim-
munity bath" plea such as cleared the
packing companies, for since that time
congress has passed a law expressly stat
ling that immunity does not cover a corr
operation whose officials are forced to tes-
fifty as to their Illegal acts as officers Of
company.
Unpleasant Comparisons.
In his utterances against the oil conn
pany preliminary to; assessing the great
line. and also preliminary to the calling
of the other grand jury. Judge Lands
clearly expressed his belief that the Stand
ard Oil company was no better than a
common thief, emphasizing the position
that he has taken throughout the trial.
The men who deliberately Violate this
law said he, would society more deeply
than he who counterfeits coin or steals let
tiers from the mail"
Referring to the reply by the defend
ants attorney to his proposition that they
produce evidence that they had not been
guilty Of previous offenses, the Judge took
occasion to rebulse them for what he
termed Their ~grAtuitous agitation about
the mob
Said he. after quoting from the answer
of the attorneys in which they recom-
mended that the court pay mo attention
to the gossip of the street or the charges
of the mob"
waving the question of the studiea In
science of this language, In so far as it
nsaJ aimed g. the ut Of
the bench, the court can, OF course, only
leave to the discretion of the Standard Oh
hundred million dollar corporations graz
tuitous inaugurating agitation about the
ID.
In scoring the corporations plea that 1t
had a right to enter into private contracts,
the judge said:
Under the doctrine insisted upon by the
defendant, the railway company might
. v I'm VII GOihDdlly i0W
transportation rate and by centraoA obs
l!gate itself to withhold the same rate
from the man the taking OF whose prop,
erty by condemnation rendered possible
the construction Of the road. A more abb
horrent heresy could not be conceived.
Lands IN cAusTIc
OIL TRUST ARRANGEMENT
Chicago, Aug. 7.-Here are some of the
Il ,Na T,,l rrN r -, ~ .--s - -
ard Oil:
The man who deliberately violates the
law wound society more deeply than does
he who counterfeits the coin or steals let
tiers from the mail.
The only way@far them (rivals of the
Standard OIL company to stay In the oil
business would be for them to adopt the
practice OF this defendant and procure the
great public power of railway pan
to be secretly perverted In their interest.
Under no other possible theory could they
hope to survive.
The court Is not impressed by the dole
full prediction of counsel for the defense as
to the hardships upon the honest shipping
public to be anticipated from the inforce-
ment OF this rule. TIL honest mar who ten
ders a commodity for transportation by q
railway company will not be %fraAdulently
misled by that company into allowing it to
haul his property for less than the law
authorizes 1T to collect.
Under the doctrine insisted upon by the
defendant the railway company might give
the Standard OIL company a low Transport
tatien rate and by contract obligate itself
to Withhold the same rate from the very
man the taking of whose property by con-
demnation rendered possible the coastruc-
ton of the road. A more abhorrent heresy
could not be conceived.
1t is the defendants position that it's
~offense was wholly technical; that nobody
has been injured because there was no
other shipper OF oil, and that, therefore,
the punishment, IL any. should be a mod
est fine. " 1t is novel, indeed. for a
convicted defendant to urge the complete
triumph of a dishonest course as a reason
why such curse should go unpublished.
Where the only possible motive OF the
crime Is the enhancement of dividends.
and the only punishment authorized Is a,
fine, great caution must be exercised by
the court lest the fixing of a small amount
encourage the defendant to future viola
tons by esteeming the penalty 10 be i'm
the nature of a. license.
For the law to take from one of IT'S cer-
porate creatures as q penalty for the com
mission of a dividend producing crime less
than one-third of it's net revenues accrued
during the period Of violation falls far
short of the imposition Of an excessive
fine. and surely to do this would not be
the exercise Of as much real power az is
employed when a sentence fs imposed TAX
ing from a human being one day Of his
liberty.
This court is obliged to confess that it
is unable to indulge the presumption that
IN this case the defendant was convicted
of its virgin offense.