The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-26
THE MODERN FREDERICK

In very celebrated case of his day
Frederick the Great became so incensed
with the decisions of court that he or
dered the Imprisonment of the Judges
for a term of years. and punished prac-
ticaliy every court official connected
with the matter, including some who
were innocent OF any part in the hear
ing. Frederick was angry because the
court could not find an Interpretation OF
the law that would agree with his
views of Justice, and it angered him ex-
ceedingly that even judges learned in
the law should presume to disagree
with his opinion.
] The incident is recalled by President
Roosevelt's precipitate public pronun-
ciamento OF the Standard Oil case when
he heard of the decision of the circuit
court of appeals reversing Judge Lands
and remanding the case for retrial. The
president announced that he had in
structed the department OF justice In
ask for a rehearing. and would push
the case to the limit.
%
of the dignity of the federal courts re-
garding the presidents discussion Of
the case as unnecessary and in bad
taste. TO say nothing of the example 1t
sets for those citizens of the Debs type
who seek occasion to weaken the au-
thority of the courts by attacking their
integrity OF course the department
OF justice will ask for rehearing; II
would have done so anyway without or
ders from Roosevelt as matter of rou-
tine practice. He might as well have
said he would order the big fleet to
steer straight as possible for its destina-
ton or insist or accurate accounting
from the treasury department. Better
still. ne might have said nothing and
let the department go ahead with the
case on its merits.
Naturally, 1t is aggravating to have
ones sole campaign thunder discred-
|, tied at the opening of a great political
battle The Standard Oil fine was the
one achievement of the administration
. IN its much-vaunted prosecution of the
trusts 1t showed that rich and poor
great and small were to be treated
; alike; and it showed. as the presiden-
tial press agents said at the time. that
the Roosevelt program promised the
: protection of the people from their arch
enemy After all the Qualification OF
: this one achievement, II is cruel to have
a commonplace court of appeals rise
: and say that Lands and the govern
I ment bungled the case. that the law as
= II stands affords no punishment of the
S magnitude melted out by Lands, and
. that the Standard Oil may jog along
2 robbing the people as of yore unit
Y some real laws are passed which viii
? apply to such cases
The fact is that any sort of fine I.
easy for a trust to pay and pass alonl
for collection from the consumer News
paper publishers discovered this truisn
4 when they secured the conviction re
e Gently of one section of the paper man
I ufacturers trust. The evidence of con
s spifacy was so clear that members o
: the combine pleaded guilty. Then, OIL
: motion Of the government, they wer
v fined 81. 900 apiece. which they wer
: glad to pay, since it represented abou
o / per cent of the profits they had mad
d by extortion protected by an illegiti
: mate tariff.
4 II the congress just adjourned ha
:. been earnest in its desire to restrai
monopoly II would have passed the bi
Y providing for penal sentences In case G
O conviction. with imprisonment as par
v of the punishment. If the Republican
n had been sincere In their professions c
h hostility to the trusts, they would hav
n adopted that idea as part of their plat