Waterbury evening Democrat., 1908-07-23

tlon not before the court, ''the trial court adding upon no evidence, how ever. to be found in the record and upon no information specifically refer red tol that in concessions in the char acter for which the defendant before the court had been indicted. tried and convicted the New Jersey corporation was not virgin offender"
 In the case now reversed the Stand ard Oil Company of Indiana was found guilty of accepting rebates on shipments of oil from its refinery at Whiting. Ind. to East St. Louis. Judge Landis fined the company $20,000 on representing a carload shipment.
 The opinion of three judges of the higher court leaves little of the con- tention that each carload constituted a separate offense Even the various shipments, of which there were about 800, could not be considered as sep arate offenses under the ruling of the court of appeals. The fine should have been based on settlements be- tween the railroad and the oil com pany, the opinion holds. Of these there were just thirty-six. The max imum fine on this basis would amount to $720.OO0 and the minimum $S6,000. It is said that S223. 900 is the total amount which the Standard Oil cor,- pany is alleged to have received as re- bates on the shipments in question.
 Cost of Case to Government.
 In the event that rehearing is de- nied the government may go to trial on the original indictment. containing 1.462 counts. Such an action District Attorney Sims could be ready to take within two weeks. There are also seven other indictments. containing 4.422 counts. AS vast amount of work has been done on the case al- ready decided and reversed, it is un- likely that an entirely new case will be instituted. The record of the pres ent case contains over a million and half words and is estimated to have cost the government S200.000.
 Another move which may be made by the federal attorneys is to transfer the prosecution from this jurisdiction either to the western New York dis trict or to the eastern Tennessee court. In these two districts the government investigation led to indictments con- taining about 2.OOO counts against the Standard Oil company.
 The most striking portion of the de- cision epitomizing the attitude of the court follows:
 Counsel for the government say in concluding their brief that the Elkins act was passed because the peace of society and the welfare of the people demanded it: that railroad inequality means business ruin to all except those powerful enough to make them selves the heneficiaries of the dis criminations; means the wiping out of an industry. of town, of city at the command of an officer of private corporation: that railroad inequality is the basis of monopoly and the wrong ful concentration of wealth; that no passed by congress and rhsi those guilty of violating il are guilty of 2 serious ,'rime sgaiost the principles "' 'ndnsrrial fread"m and equality.
 comrnerc. Act Not Only Law.
 Every sentence of this arraignmea, Is Irue. That lhls court recognizes the importance of the enforcement of that act is shown in it's affirmance nf pen altips that under other circumstances would be regarded as very severe. But the interstate commerce act. i'm pOrtant as that law is. is not the only law under which we live. We live under 2 guaranty that reaches back to the beginning of our law and is se- curely planted in every constitution of civilized government. that no one shall he punished until he has been heard. and above this fundamental guaranty there can be set no higher prerogative for. let it once come to pass that under the stress of enforcing equality any power in the government may over ride the fundamental rights of being judged only after having been duly tried-a right just as essential in the associated relation nf the corporation as to men in the relationship of CO., partners or to men individually-ther will remain no commerce worth the name to safeguard The beginning of commerce is constitutional govern ment. and the foundation of constitu- tional government is the faith that every guaranty of our institutions no matter what tho provocation. will be SaCrpdlv observed