The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-07-23
STANDARD OIL CO.
GETS new TRIAL
MAY NOT HAVE TO PAY THAT
s2s,24o,o0o FINE.
JUDGE LArDIs IS SCORED.
The United States Court Of Appeals
Says He Had No Legal Right
To Impose the Big
Fine.
United Press rispatch.

tI
Fine.
United Press Dispatch.
Chicago, July 22- The United
States Court of Appeals today re-
versed the decision of Judge Lands
for imposing a fine OF s29, 100000
against the Standard Oil Company
last August, and remanded the case
to the Federal Court for re-hearing.
The decision was a scathing ar
|raignment of Judge Landis for impos-
ing fine on a corporation that had
not been indicted and had not even
been on trial. Can that rightfully
be done here" asks the opinion, ION
any other basis than that the Judges
personal belief be that the party
marked by him for punishment de-
serves the punishment? If SO, it is
because man who happens to be
Judge is above the law"
The decision was delivered by
Judge p. S. Grosscup, and was a
unanimous opinion. The decision
leaves the case as if it never had
been tried.
The opinion says lands should
have determined the number of Of
|fenses by the number of transactions
instead of the number of car loads.
Fines Must Be Reduced.
U. S. District Attorney Sims said:
The effect of the decision. if the case
is retired will be that the fines inn
posed must be materially less than the
Landis fines. If fines are assessed ac-
cording to the number of shipments
involved, the maximum penalty will
be about ten thousand dollars. If ac-
|cording to the number Of settlements
involved, the maximum is s720.000.
The minimum in both instances is
|one-fifth OF the amounts mentioned.
Including this case, there are 5000
counts against the Standard waiting
trial in this federal district alone,
and fifteen hundred outside this dis
Itrict." 80 - =
Fine Heaviest Known.
The trial OF the Standard Oil Com
pany of Indiana for acceptance of re-
bates from the Chicago & Alton and
other railroads was the most notable
of the trust prosecutions inaugurated
by the government, and the fine at
tending the verdict of guilty was the
greatest ever imposed in the history
of English law.
The indictments were returned in
August, 1906, the oil company being
charged with obtaining concessions in
shipments between its plant at Whit
ing, Ind, and western and southern
points. After several of the many
indictments had been quashed by
Judge Landis the trial of the COM
pany began on March 4, 1907. The
jury was obtained in less than day,
and but two peremptory challenges
were used by either side. The hear
ing continued for six weeks, and more
than 1000 pieces of documentary evi-
dence were introduced by the govern
ment, in addition to the hundreds of
witnesses placed on the stand.
Verdict in Two Hours,
A public posting of an oil shipping
rates in stations of the Chicago & Al
ton Railway Company evidently was
deemed the most important bit of tes-
timony by the jurors. Their vZdict
of guilty was returned within two
hours after their retirement, the
amount of the fine being left to the
discretion of the trial judge.
The investigation then inaugurated
by Judge Lands was the most spec
tacular feature of the proceedings.
His efforts to learn the financial sta
tus of the Standard Oil Company of
Indiana, with an idea of imposing a
fine adequate to its affairs, were ham
pered by the officials and attorneys
of the company. The jurist then
suddenly decided to call John d.
Rockefeller. founder of the Standard
| Oil Company. and other officials to
his court room to throw light upon the
affairs of the corporation.
Immense Fine imposed.
Mr.. Rockefeller and his associates
were personally questioned by Judge
Lands and few attempts were made
at evasion of the searching inquiries
of the jurist, 1t was from the ad-
missions of the witnesses that the
court learned that the Standard Oil
Company of New Jersey owned the
Standard Oil Company of Indiana,and
that the total earnings of the parent
body In the three years preceding the
Investigation had been more than
5000. 900, and that dividends of 40
per cent had been paid its stockhold-
ers.
After the testimony of the officials
had been obtained, Judge Landis again
took the case under advisement and
after week announced his decision.
(which assessed the maximum penalty
on the 1,462 counts against the oil
company, A fine of 5000 on each
count was imposed, making s29.240,-
loco In ALL