Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1908-09-16
OIL TRUST flhYS
lands IN answer
ATTORNEYS CHARGE THAT HE
YIELDED TO OUTSIDE INFLU.
ENcE IN DECISION.

Il
ENcE IN DECISION.
SIMS REFERRED TO AS
JEALOUS PROSECUTORS
Government Lawyers Charged with
conjurins Up Impossible lIIustra'
trations in Their Plea-TriaI
Called Malicious Prosecution"
Chicago, Sept. 11.-Judge Kenesaw
Lands, who fined the Standard Oil
Company $29,00O,000, is charged with
having permitted outside influences to
govern his decision by the attorneys
1or the company in their answer to the
application for rehearing filed in
the United States court of appeals.
The answer refers to the judgment
OF that court as an "unheard-of fine"
and says that the court was "gov-
erned by evidence and considerations
which were not proper to influence a
judictous magistrate"
District Attorney Sims, who con-
Quoted the prosecution, was referred
to as a Jealous prosecutor"
The answer to the governments ap-
peal for rehearing is submitted by
Attorneys John S. Miller, Moritz
Rosenthal and Alfred D. Eddy, counsel
for the oil company, and cites numer-
GUS reasons why Judge Grosscup and
his associates in the court of appeals
should not grant the governments Pc
titiOn.
Excessive Fines Discussed.
The principal argument presented
is In regard to excessive fines, and it
Is declared absolutely that District At
torney Sims could find no authority to
support Judge Lands in his action of
fixing the unheard-of fine" Regard
Ing this the answer states:
THE provision of the bill of rights
In the eighth amendment to the fed
eral constitution forbidding the impo-
sition of excessive fines enacts a
cherished principle of Magma Charta,
which is the foundation of American
and Anglo Saxon laws and jurispru-
dence, and which required that fines
imposed for faults or crimes should
be after the manner of the fault or
according to the Nervousness of it,
and forbade fines so large as to de-
pirve a defendant of that which was
necessary to his vocation or liveli-
hood
The action of the government in
bringing the oil company to trial is
referred to as malicious prosecution"
and it is reiterated that no evidence
and law has been brought to bear
Oh the case by the federal attor-
neys.
"Need Brighten No One"
"The impossible illustrations con-
jured up by the petitioners" further
declares the defense, "'need brighten
no one or lead one to believe that the
Interpretation adopted by the court
nullifies practical enforcement of the
law. Quite the contrary, it is sane
Interpretation that puts it beyond the
power of malicious prosecution to
elect it's own unit of offense and there.
by, if it wills, work destruction of all
of defendants property by the impo-
sition of a fine SO enormous as to
make it mere confscation.'
1t is declared that "the learned
counsel are equally unfortunate in
their treatment of the ruling of Judge
Grosscup in the Hanley case" The
answer states that the Hanley case,
on which it is alleged Judge Grosscup
reversed himself in the oil decision,
was we'll known to District Attorney
Sims when it was argued in court,
and had no application to the appeal
for rehearing.
On Number Of Offenses.
AS to the number of offenses COM
mitted by the Standard Oil Company
OF Indiana and their treatment by the
court, the answer states:
Counsel for the government CON-
plain that the ruling of this court linn
iting the number of Offenses to the
number of settlements for freight,
would be leaving it to the shipper and
carrier to elect for how many Of
lenses they may be prosecuted, and
thus fix the amount of their own
fines However unreasonable the prop
osition may appear to a jealous pros
ecuting attorney, that an offender
against the law should be permitted
to know and to elect as to when he
shall commit the offense, and how
many offenses he shall commit, coun-
sci have referred to no authority which
support their views that the number
Of offenses which have been commit
ted are to be determined not by
the settled principles of the criminal
law, but by the caprice or election of
the prosecutor or grand jury"
In closing the lengthy answer to the
governments petition, the oil com
pany declares that the writ of certifi.
cation, asked by the federal forces
from the court of appeals, whereby
the case may be taken directly before
the supreme court, is mot a proper
one to be made or entertained"
The matter will not be taken up by
the court of appeals until the October
session, and then final opinion will
be given upon the governments pc
tition for rehearing. It is declared
probable, however, that the case will
be remanded for new trial.
Railroad President Dead.
Philadelphia, Sept. 11.-Charles X
Lord, president of the TOnopah E