The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-20
BRIEF OF THE
STANDARD OIL
AntagonizeS Position of Gov
eminent Attorneys in the
S29,OO0,00O Case.
REVIEW NOT AUTHORIZED
SOMETHING ABOUT MAGMA
cHARTA AND KING JOHN.

Washington. Dec 1s-The Standard Oil
companys brief in the proceedings OF The
United states against that company on
the charge OF accepting rebates from the
Chicago & Alton railroad in which the
United States court for the northern dis
trict Of Illinois imposed a fine # 800
o09. was today filed IN the supreme court
or the United States,
The case comes before the court on a
petition by the government for writ OF
ccrtiOran bringing up Tor review the de-
cislon Of the United States circuit OF APP
peais for the Seventh circuit. by which
the district courts decision was reversed.
The brief antagOnizes the petition, and
this opposition is based principally on the
ground that the law does not authorize
a review By the supreme court on an APP
plication OF the government of a Judgment
Of the circuit court Of appeals in a Grim
inal case by which writ of error OF the
defendant is sustained and disposed Of by
reversing the judgment and sentence OF
the trial court
II is contended that in a case of this
character a writ of certiorari is equiva-
lent 20 a writ Of error that the policy
OF the law is against the review of judg-
nlent In favor of the accused in a crimi-
nal case at the instance Of the govern
nent."
Company Made DIE Effort.
II is pointed out that while a, cents was
tie lawful rate on petroleum on all ship
cept from the stations AT East Chicago.
Hammond Ind. and Whiting. or other
suburban switching points in Indiana,
from these points the government CON
tends that the railroad was required to
charge IS cents per hundred. or three
times the Chicago rate and that therefore
the Standard company, which shipped
from the suburb of Whiting at the Chi
cago rate was properly rnulcted by the
district court in the sum of S29.0to.0o0 for
net shipping al and paying prohibitive
rate Of three times as much as the, Chi
cage rate"
Contention made that due effort was
made on behalf of the Standard company
70 discover the legal rate and IL is urged
that the company should not be held re
spOnsible for its failure in that respect
Continuing, the brief says:
Would Destroy Commerce.
Counsel argue the construction of the
Eikins amendment as IL congress, in pass
ing II. regarded the shipment of commodi-
ties in interstate commerce as fFaHgnt
with evu or danger to the safety or. NOR
ais OF society, and that Ii was therefore
20 be burdened with penal restrictions.
and that shippers are osbe held 10 rule
Of diligence IN knowing that the rates At
which they ship are the current. lawful.
filed and published rates, such as has been
In extreme cases applied to dramshop
keepers selling liquor to minors or drug
gists selling pOisons. If such shippers
were required to have the equivalent Of
knowledge at the risk OF criminal prose-
cution and severe penalties, interstate
commerce would be greatly restrained. and
diminished, II not destroyed
Referring 20 the governments conten-
ton that the district courts assessment
Of penalty was in the proper exercise of
The personal discretion of its presiding
judge (Mr. Landis) the brief declares that
.this is a discovery which has been left
% the learned counsel for the government
to make al Il very late date in the his
tory OF our Jurisprudence.
Not Personal Discretion.
1T had always before been regarded. -
discretion committed by law to the Judge
was a judicial discretion and not per-
sOnal discretion: and that. the exercise Of
judicial discretion by a trial court was
subject TO review for its abuse: and that
the provisions Of the eighth amendment
10 the constitution forbiddinE the imposi
ton OF excessive fines was binding upon
trial judge: and that the imposition of
an excessive fine in violation of that
prohibition is an abuse of discretion which
is renewable.
This view that the trial judge exer-
clsed personal power and discretion, was
apparently shared by tho district judge
himself and the record and judgment Of
the trial court afford a striking demon
s.ration OF the wisdom of the rugged bar
9ns who wrested Magma Charta from
King John and Of our ancestors in en-
bedding its sanctions In the bill of rights
IN our constitution"
In conclusion II Is urged that the grant
ing of the writ would not be justified.