The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1908-08-29
The Standard Oil Case.

pare hled petition for rehearng in the of the
Standard Oil company in which the federal circuit
court of appeals reversed Judge Lands court and re-
eved the oil trust of the fine of $29OOOOOO imposed
by the court below.
The Associated Press account of the transaction
says:
Although not specifically stated in the petition,
IT is agreed by the counsel for the government in
their conference at Lenox, Mass. following the re-
versa by the appeal court of Judge Lands famous
dec1s1on that If the Interpretation of the law given
by Judges Grosscup, Seaman and Baker is allowed
to stand, the successful prosecution of rebate cases
against corporations would be impossible in the flu
ture They were unit in expressing the opinion
that reforms in rebate matters brought about by the
Roosevelt administration would represent so much
waste OF time unless the upper court can be con-
Vnced 1t is in error in its construction of the law
The petition states that the rulings of the trial
court criticised by the appellate court on but one
point up to the return of the verdict of guilty That
was as to Judge Lands ruling the evidence and
charge to the jury with reference to ignorance OH
the part of the Standard Oil company of the lawful
rate OF defense. The opinion of the appellate court
says Judge Lands refused to admit evidence on the
claim OF ignorance, whereas the record of the pro-
ceedlngs of the lower court shows such evidence was
admitted This is regarded as vital point If with
the evidence introduced in the trial before Judge
Lands 1t can be held that the defendant did not have
guilty knowledge of its acts, then the successful
prosecution OF similar regarded as impossible
and all the years of legislation designed to correct
rebate abuses would have to be repeated
1t is contended by the government side of this case
that the usefulness of the interstate commerce act
and the Elkns act involved in the final decision
II the court of appeals is sustained in its rescue of the
OIL trust from its dilemma, the whole structure of
legislation for the regulation of railroads rates will
fall to the ground and the commerce commission will
De as helpless as it before the laws relating TO
its duties were amended.
1t is commonly known that the commerce COM
mission passed through many years of entirely use
less, though expensive, existence before congress
rescued II from the position of total neciency into
which it had been thrown by the courts The validity
of the remedial legislation finally extended to the
is said by government representatives
to be involved in the adjudication of the oil trusts
appeal from Judge Lands decision
With Lands reversed, the commission will re-or-
cupy It's position of nnocuous desuetude and the
corporations and the trusts will have
been once more saved by the superior wisdom of the
judicial branch of the government
Mr. Taft said last week. in reply to Mr. Rrvan,s
challenge, shall the people rule ?" that "the people
lave ruled through the republican partv," For tbe
pest part of generation the people have been de-
handing Just such recognition of their rights as
vas bestowed upon them by Judge Lands righteous
lecSlon They have been thwarted by congress in
ne making OF laws that the courts could DESTROY
nd every one OF these vulnerable laws has been
reated in the interest of predatory wealtll-of the
oncentrated wealth that stands behind monopoly.
There can be little doubt of the good faith of At
orney General Bonaparte in his attempts to carry
ut the will Of the people. But he is so singuIarlv
Unfortunate in his undertakings in the courts as to
woke the suspicion that all the parties in interest do
OF share his earnestness.
there is reason very close to the understanding
the people of Idaho for the suspicion that will
the 81