The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-07-24
passed middle age. And as facilitate
Ing stop let them first secure q reduce
5tton OF duties on those materials used
in ship-buildins.
THE STANDARD OF. FINE.


dis broke the worlds record by impos
ing fine OF s2s,24o,oo0 on the stand,
ard OIL Company we do not recall
single expression OF belief that this
sum would ever be collected from The
offending corporation. Some pessi.
mists, perhaps, feared that the fine
would he paid to the government, but
they took small comfort thercfrom, for
they knew full we'll that In that cvert
1T would be collected from the con-
sumer. Now, however, both those that
doubted and those that feared are al
rest. M
The appeal of the Standard OIL Com
8pany has been granted, the finding of
the lower court has been reversed, and
incidentally Judge Lands has received
sharp rebuke for his cXtra-judicial
methods OF procedure. Also the re-
iversal of Judge Lands has put new
weapon. though a flimsy one, in the
hands OF those who are prone to say
that corporations liability for law
breaking depends more on the size
OF its bank account than it's actual
deeds.
The facts are briefly that tile Stand
ard OIL Company was proved to have
shipped 1.462 cars OF oil at a rate of G
cents, while the official rate was IS
cents. For each and every car Judge
Lands fined the Standard Oil $4,000.
# In reversing this opinion the Appel
late Court said that Judge Lands was
wrong in his ruling that it made no
difference what the offending company
thought the rate to be, It's duty was
to pay the full rate or suffer the con-
sequences. Nv
pellate Court was the failure OF Judge
Lands to submit to the jury the ques-
ton OF intent, the law being there
tofore that corporations not being tu-
man, can be tried for their acts only
and not for their, intentions.
The third ground of error was that
Judge Lands was guilty of abuse OF
judicial discretion" In imposing the
fine. In this connection the court
says of the fine which was levied on
the Indiana OIL Company with the
avowcd purpose Of Furnishing the par
ent company Of New Jersey:
Can a court without abuse OF judi
.cial discretion wipe out all the prop
erty of the defendant before the court
and all the assets to which It's crcdl-
tors look in an effort to reach and
punish party that Is not before the
court--a party that is not even indict-
ed? Can an American Judge, without
abuse of judicial discretion, condemn
any one who has not had his day in
court?
That. to our mind, is strange doc
trine in Anglo-saxon Jurisprudence.
Can that rlghtfully be done here on no
other basis than the Judges personal
belief that the party marked by him
for punishment deserves punishment?
If SO, IL is because the man who hap
pens to be the judge is above the
law"
TO many the reversal will seem an
other proof OF Incorporation influence
but to more it will confirm again the
right OF all. even OF corporations as
deservedly unpopular as the stand
ard OH Company, only to be deprived
of their freedom or property under
the same laws and conditions which
apply to the hunlblest and the most
deserving. And to the lowly as well
as the mighty nothing is more lmpor-
tant than strict and impartial al
ministration OF all law.
PITT, TIE HERO OF QUEBEC.
The Prince of Wales has come. and
tho tercentenary at Quebec Is in full
swing. Montcalm and Champlain are
to be honorcd and COMMUNICATED. Nc
visitor and few readers of even the
most casual sort will fail to recall
the gallant Wolfe. who had Gray's
"Elegy" recited as he padded up the
st. Lawrence to scale the Heights OF
Abraham where lie was to find the
path of glory that led but to the
grave.
But behind the pageantry OF the hour
and as presiding spirit over the des-
TIMES of British North America looms
the lonely and majestic figuresof vii.
liam Pitt. England's empire builder.
Itswas Pitt whose mind first gCasped
the idea OF England over seas. It was
his courage, his foresight and his ca
pacity in choosing men such as Wolfe
a hot-tempered. delicate boy, who said
to his doctors just before he took
Quebec: Never mind me; just patch
me up till l get through this business
that found England an island and left
|it an empire stretching from India tc
Vancouver.
Canada is a great and powerful ait
to England. The Prince OF Wales does
well to honor that colony and its
early warriors; but without William
Pitt, Earl OF Chatham, the French flag
IN all probability would still be flying
from Quebec. instead OF the royal
standard OF Great Britain. 'st15
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III The Washingto Post says that Ger.