Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-08-06
,cute any Independent business pol

ecute any Independent business pol
ICY"
To Proceed Against Alton.
The court then passed judgement as
gollows: ct is the Judgment and
sentence of the court that the defend
ant, the Standard Oil company, pay a
fine of $40 $1,000"
zone thing remains. 1t must be as
sumed that in this jurisdiction these
laws may be ignored If they are not
obeyed, they will be enforced. The
plain demands of justice require that
the facts disclosed In this proceeding
be submitted to the grand jury WITH a
view to a consideration Of the conduct
of the other party, the (Alton rail-
road) to these transactions.
"let the order be entered for a
panel of sixty men returnable, August
ID and the United States district attor
ney is direced to proceed according
iy."
Appeal Will be Taken.
The. Standard Old company will
take an appeal to the United States
Circuit Court of Appeals from the
sentence imposed by Judge Lands
today.
Moffat Calls it Persecution.
New York, Aug. g. President
| James A Moffat of the Standard Oil
company of Indiana, in statement
today in reference to the judgment
Judge Lands pronounced in Chicago,
asserted that the company is not
even technically guilty. He said the
company ought never to have been
prosecuted because Of the claimed
failure of the railroad company,
which has neither been indicted nor
prosecuted-to file its tariff; that the
prosecution Of the company under the
circumstances of the case is a pros
titution of the spirit and high pur-
pose of the interstate commerce act.
Judge Lands Had Free Hand.
When, under the Indictment secured
year ago, the Standard Oil company
of Indiana was found guilty of violat-
ing the anti-rebate law, the fixing OF
the fine for that offense developed on
Judge Lands, and as he had a free
hand in assessing any fine between
$1,000 and $4,000 on each Of the 1462
counts in the indictment, ne was con-
fronted with rather difficult PROPOSE
| ton. He cid not know how much pun
ishment the company could stand, and
this Is the reason why he summoned
John D. Rockefeller and others promi-
| nently connected with Standard Oh
affairs SO as to learn some of the IL
! pancial secrets Of the company Wnlch
it's counsel were either unable or I'M
willing to tell The Judge found that
Mr.. Rockefeller knew very little ABOUT
the affairs of the company of which he
/ is president, and that little he was not
sure of, He divulged. however, that
the capital Of the Standard on corr
pany of New Jersey is about Sloo,-
900 900" and that it's annual dividends
now are "about 40 per cent
Good Basis for Large Fine.
While at first thought fine approx
mating 100000 might seem crush.
ing enough to warrant the United
States supreme court in setting II
aside as "cruel and unusual punish
ment." prohibited by the federal con
J stitution. it is not so regarded In this
3 instance.
Demonstration of this fact was
made at the inquiry last month II
which John D. Rockefeller was the
central figure. and it was to prevent
: this showing, doubtless with view
of making use of the oversight en- the
appeal that the Standard OH attorneys
! refused to furnish the information
voluntarily.
The suit was against the Standar;
Oil company Of Indiana, charged witt
!, accepting rebates, aggregating S223,
a 900 from the Alton railroad. During
{ +bo tr;ol tho nrosacutiOn was not Der
4 mitted to show the Standard of In
J diana was a subsidiary company to tn
: Standard Of New Jersey. This, how
: ever. became an issue when judge
! Lands was called on to assess thu
: fine and he asked the attorneys for thu
!. defense to furnish the information
= They refused and subpoenas We're Is
!. !, sued for John D. Rockefeller, preslden
:. of the New Jersey company as wei
: as other officers in both concerns.