New-York tribune., 1908-01-17
Commissioner Smith VS.. The Standard 0il 60.
From the RatIzvay Woyld January 3, 1905

sidering the fact that these shippers included
the packers and elevator men of Chicago the
action of the grand jury in calling upon Presi-
dent Moffett To furnish evidence of fbeir
rong-doing may be interpreted demand
for an elaboration of the obvious: bat the fact
that rate-boOk containing these freight rates
for other shippers was offered In evidence dur
ing the trial and ruled out by Judge Lands
was kept out of sight. President Moffe.t
would not, of course. accept the invitation Of
the grand Jury although he might nave been
pardoned if he had referred them to various
official Investigations by the Interstate Com
merce Commission and other departments Of
the Government.
We come back, therefore, to the conclusion
of the whole matter, which Is that the Stand
ard Oil Company of Indiana was fined an
amount equal to seven or eight times the value
of its entire property, because It's traffic de-
partment did not verify the statement of the
Alton rate clerk. that she six-eent commodity
rate on oil had been properly filed with the
Interstate Commerce Commission. There IS no
evidence and none was introduced at the trial.
that any shipper of oil from Chicago territory
had been interfered with by the eighteen-eent
rate nor that the failure of the Alton to file
its six-cent rate had resulted IN any dIscrImIna-
ton against any independent shippeT-we must
take this on the word of the Commissioner Of
Corporations and of Judge Lands Neither ls
If denied even by Mr.. Smith that the 'Inde-
pendent" shipper of oil, whom he pictures as
being driven out of business by this dIscr5mI-
nation of the Alton, could have shipped all the
oil he desired to ship from Whiting VIA DoltOn
over the lines of the Chicago and Eastern llli-
nois to East St. Louis. In short, President
Moffett's defence Is still good. and we predict
will be so declared by the higher court
The Standard Oil Company has been charged
with all manner of crimes and mIsdemeanoTs-
Becinning with the famous Rice OF Marietta,
passing down to that apostle of popular hber-
ties. Henry Demarest Lloyd. with hIs Wealth
Against the Commonwealth, descending by easy
stages TO Miss Tarbell's offensive personalities.
we finally reach the neither depths OF unfair
and baseIess misrepresentation IN the report
of the Commissioner of Corporations. The
Standard has been charged with every form
of commercial piracy and with most of the
crimes on the corporation calendar. After long
wears of strenuous attack. under the leadership
of the President of the United States. the cor
poration is at last dragged TO the bar OF JUS
tice to answer for its misdOlngs- The whole
strength of the Government Is directed against
if. and at last we are told. the Standard OIl
Company is to pay the penalty OF It's crimes,
and II IS finally convicted of having failed TO
verify the statement of a rate clerk and IS
forthwith fined a prodigiOus sum, measured
bv the ear Under the old criminal law. the
theft of property worth more than a smiling
was punishable bv death. Under the Interpre-
tation of the Interstate Commerce law by Iheo-
dore Roosevelt and Judge kenesaw Lands.
technical error of a traffic official Is made the
excuse for the cOnfiseatiOn of a vast amount
of property.