The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1908-07-24
RILEY MAKES DEFENSE DID DECISION LEAK?
ADVANCE IN STANDARD OIL
STOCK SET IN THURSDAY.
ROCKEFELLER GAINS s,5,ooo,ooo
Government Has Thirty Days to File
Petition for Rehearing in Standard
OIL case-Grosscup Held Intent to
Violate Law Lacking.

Violate Law Lacking.
Chicago, July 23.-Did somebody
leak" on the Standard Oil decision
by which the oil trust escaped pay
ing the $29,24O,OOO fine imposed last
year by Judge X NJ Lands? There
are indications that the standard Oil
group of financiers had advance in
formation as early as Thursday of last
week. While the market for Standard
Oil stock has not been active, 1t has
had an advance of As points since last
Thursday. The advance must have
been quite agreeable to John D., for
he is credited with owning about $780,
900 900 Of the $9S,53s, 300 capital stock
of the Standard OIL company and the
rise Is equal to a little market gift of
$15,S40,000
viii Ask Rehearine.
Chicago. July 23-The United
States court of appeals reversed and
remanded for retrial the case of the
government against the Standard Oil
company of Indiana, In which Judge
lands in the district court had i'm.
posed a fine of s29,240.000.
The government has thirty days
within which to file a petition for
rehearing and it was announced that
dt will be filed within the allotted time.
In his opinion, which was concurred
In by Judges Seaman and Baker. deal
ing with the intent" feature Of the
case, a vital point,Judge Grosscup says:
I'VE should take up these subjects
in the order stated, the first being
whether a shipper can. without error,
be convicted of accepting a eonces-
sion from the lawful published rate,
even though it is not shown as bear
ing on the matter of intent, that the
shipper at the time of accepting such
concession know what the iawNfi pub
lished rate was-a view of the law
that is embodied in the charge and
carried out in the ruling excluding
| certain proffered testimony, including
that of one Edward Bogardus who.
being in absolute charge of traffic af-
fairs Of plaintiff in error, offered to
testify that during the period he did
not know anything about an 1S-cent
rate over the Chicago and Alton rail-
road; that his attention had never
been called to any such rate by any
LersC2 or by TIC examination Of any
document and that 1t was his under.
standing and belief on what he was
told by one Holland, tariff clerk for
the Alton railroad, that the rate over
the Alton road was 6 cents and that
such rate had been filed with the in
terstate commerce commission"
Judge Grosscup's opinion leaves lit
tie of the contention that each car
load at the Scent rate constituted a
separate offense.
Attitude of the Court.
The most striking portion of the de-
eision epitomizing the attitude of the
court was as 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 beneficiaries of the discrim.
nations; means the wiping out Of an
industry, of a town, of a city, at the
command of an officer of a private
corporation; that railroad inequality
Is the basis Of monopoly and the
wrongful concentration of wealth
that no law of more vital importance
was ever passed by congress; and
that those guilty Of violating il are
guilty of a serious crime against the
!. principles of industrial freedom and
equality.
Every sentence of this arraignment
is true. That this court recognizes
the Importance of the enforcement OF
that act is shown in its affirmance OF
penalties that under other circum
stances would be regarded as very
severe. But the interstate commerce
act, important as that law is, is no,
the only law under which we live. We
live under guaranty that reaches
back to the beginnings of our law anc
is securely planted in every constitu
ton of civilized government, that ne
blull DS ulIll ne llus
been heard, and above this funda
mental guaranty there can be set nc
higher prerogative, for let it once
come to pass that under the stress o
enforcing equality, any power in thu
government may overrule the funda
mental rights of being judged only
after having been duly tried-a RICH
Just as essential in the associated
relation of the corporation as to mel
in the relationship of copartners o.
to men individually-there will re
main no commerce worth the name I,
safeguard. The beginning of com
merce is constitutional government
and the fundamental of constitutions
5 government is the faith that ever.
- guaranty of our constitution, no mat
ter what the privation, will be sacred
q " observed"
Valentine Carnival Dates.
Valentine Mob INV O0-Data