The sun., 1907-08-19
THE STANDARD OIL PENALTY.
Each Technical Violation OF the Elkhms
Law Not FinAble. It ls Urged.

Law Not FinAble. It 10 Urged.
To THE EpIroR or THE SuN-Sir: In the
opinion rendered by Judge Landis In the case
against the Standard Oil Company OF Indiana
tho Court. dealing with the argument OF the
defendant that the Elkins law authorizes the
prosecution for but one offence. ana tnat
therefore there can be conviction on but
one count. says
The language Of che Law is:
Every person or corporation who shall oner'
grant give solicit sccept or receive any sucn
rebates, concession or Discrimination snah 90
deemed guilty OF misdemcanor. and on convcvon
thereof shall bo punished BY nne OF not less 'nah
81 900 nor moro than $4,000"
A. tho Court reads this enactment the onence s
complete whenever any property 10 Transporter ~
less than the lawful II this be true. the law
is violated every time any property is so trans-
ported
The Court thereupon imposed a fine OF
900 on each OF the ,Io2 movements OF OIL
carrying cars.
There 10 no doubt, Of course. that the
offence 10 complete whenever any property
10 transported at less than the lawful rate
nor is there any doubt that IF this be true
the law is violated every time any property
is so transported: but it is gla-ing non
seouitur to conclude that a fine Is to be Inn
posed for each such literal violation OF the
statute The statute does not state that
there shall be a fine for each literal or tech
nical violation of the law. and penal statutes,
like the Elkins law. have been so often passed
on by United States courts that the only
possible conclusion is that Judge Lands dis
regarded in the case before him the laws as
defined by prior decisions.
The penal provisions OF the copyright and
patent laws and the decisions Hereunder
must be presumed to have been well known
to the Court. Section 1868 OF the Revised
Statutes OF tho United States provides that:
Every person who shall Insert or Impress a false
notice of copyright entry In nor or upon any oooN on
or other arucle ior wnlsn no mas no. %
soo recoverable one half for the person who shs II
m. co. s,,h sn,I,v and an. hnI, 70 the use of the
sue ioi such pehA's anu oNe ""'' W ''' "'' VI '-e
United states.
Section 4s0l Of the Revised Statutes OF the
United States provides that:
Every person who In any manner marks upon or
or any woro lnnporans .hs, 'ns Saine % 70 sS.m ~
for the purpose OF aecevlns inc public, sna,' o oe
less than 500 with costs one half to the nformer
and the other to the use of the United stateS.
In HotchI,iss vs. Samuel Cupples Wooden
Ware Company IS, Fed. Rep, 1919 Judge
Thayer charged the jury as follows
As the case stands a. the conclusion of the trial
the evidence will not warrant you In 1nding that
more more snan aoo rope ieeS S.". .se 0,Ionad ."
The Ss,enSsnt m this osse is A eorporstIon no,
t ~ ,nds1dsI ~ ana hcIns corporstion 4, -.
prvass ln % snu @ ch str sna n,.t S
@ oo re'u ~ "a ~ ,h,s M, ~ hen ~. =.
aess % ss arc r,,sS ' hu sns ~m ~, s %
70 sne @ ueSs ~, h,is y,n ~ % 10 ~. o "
eeea,,on y, o ma y'Sn The scone Of his a1tborv
oe poa - S - sasn' wy In cnnci,son NIL
ev ,Ssr wb,Ss seyer.l upnatented sTtlcIes sre
nas tna ssn,sa end ~ n,srLir, ~
seX 81 aId dans an ~. ssn ~. dsv and az the
same time that the act OF marking is practically
a single continuous act. but one offence Is com
mitted under this statute and only single penalty
Is recoveraole aItnou&h more tnan one aIucle may
nave poen haIkea; TO- ~ sVu W Ueeve tnst
% .ns %rope fse,s s. hrsDa.d "a az IL i, ~ n
,%nn'v eve np nitv az n t,me "a some witnsesss
have testiaed then YOU will regard the brandins
OF such a iot OF twenty nve or fffty reels ali az one
time in the manner described as constituting but
q single offence for which only a single penalty OF
500 can be recovered.
Judge Thayer cited Taft VS.. LithoCraphing
"a I9s Eed Reo SsO wherein Mrs J5stire
RpewS9 now ~ tbe Tinted States SnnTeme
Court held, ''
Nou'' "e'
This is demurrer to the petition The action Is
out ram sctlon prougns oS tne piamtln. as IN
iSImeI under seG.'on aso;' HrN. r us, 10 fenoyeI
h INC in, d and rn "a ~ oao
fa ~ = chtomo nnttinS on Zach The word
"Copyriehted" or some equivalent word