New-York tribune., 1908-12-20
STANDARD OIL BRIEF
FILED IN SUPREME COURT.
Government Petition Opposed on
Ground Court Re5ie1c Is Illegal.

Washington. Dec. 1e.-The Standard Oil COM
anys brief in the proceedings Of the United States
against that company en- the charge or accepting
rebates from the Chicago & Alton Railway Com
many n which the United States District Court for
ne Northern District of Illinois imposed a fine OF
Ss e4a 0ae to-day fled in the Supreme Court Of
-he United States.
The case comes before the court on q petition by
ire government for writ-of certiorari bringing It
7 for CT the decision OF the United States
circuit Court Of Appeals for the 7th Circuit, BY
vrF~h court she district courts decision
7e-sc5. The brief antaEonized the petition and
trfs opposition Is based principally the ground
that -he law doesn't authorize a review ty the
supreme Court application Of the govern
7e7- q Judgment Of the Circuit Court Of Appeals
in = criminal case 10y which writ OF error OF the
defendant is sustained and disposed OF by revers-
s.s the Judgment and sentence Of the trial court
L Is c7nten8ed that ia case NJ this character
v-f- Il ce--io-arF is equivalent 10 wric Of
and rhs, the policy Of the Is against the
lev z 3 judgment favor OF the accused in !
criminal case Al TIE instance OF the government
Much n the brief is technical in character. but
.re~e are occasional passages which of that
nature II is pointed out that SIX cents was the
-g-rF--r rate on petroleum for al shipments from
,-5-sco 70 East Louis except from the stations at
Fsst Chicago, Hammond, Indiana Harbor and
Whiting o. other suburban switching points in
Indiana From these points the government con-
sends that the railroad required TO charge is
,s--s q hundred. three times the Chicago rate,
sn5 that therefore the Standard company. which
zrs--sG from The suburb Of Whiting Al the Chicago
-a-e was properly uulcteo by the District Court
n The sum Of s2910oooo for not shipping al and
having 3 proEi5itive rate Of three times much
> Tie Chicago rate" Contention IS made that due
ee1-- vas made behalf Of the Standard com
-srv 10 discover the legal rate. and It is urged
--s, -he company should not be held responsible
o. Us failure in that respect
t-1u-l--lag. the brief says
Counsel as well as The trial court have over
,e1 the obvious considera son that the controlling
promote and facilitate commerce and not 20 nam
tC- OF the EIkins amendment as L CONGRESS IN IN
rsss- Il regarded the shipment OF commodities IN
interstate commerce as -Le!t win go - - -
- safety or morals OF society anu Llel - Nas
and tl1t SUMS -s---It 80 1Ia ~a+se a. vfich They shin
- ia current lawful fled and published rates
s1.h as has extreme cases applied 70 dram
e5rE 555isons Il Shippers were required TO carry
~ business under such rule as 10 alllgence oT
+-sr --osec1tion and severe penalties, interstate
eree Folo oe gTesS5S NJ = ai5 i if T5 oDi1
in a the Circuit Court of Appeals IS apt on this
-leS-lou-
Referring TO the governments contention that
lie District Courts assessment Of penalty was
II ne proper exercise OF the personal discretion
- is presiding judge lNir. Landis, the brief de-
l-ares-
This Is q discovery which has been LEFT to the
earned counsel Tor the government 10 make a. a
z=-y lake II ne history Of our jurisprudence
-a- The discretion committed ~ law 70 the Judge
judicial discretion. and not D personal us
-z-sG-- and thai The exercise Of judicial disCre
-1-l 1y . trial court was subject 10 review tor
Us a1l<e. and that the provision OF the tslghth
Amendment the Constitution +0rblColng me I'M
-5s1-5ol - excessive fines IS binding upon trlal
that the imposition Of al excessive me
n Violation of that prohibition IS an abuse o. dis
erection which Is renewable
This view that The trial Judge exercised a PER
Sa1sl power and discretion was apparently SHARED
ar -le learned district judge himself and The rec
ga and judgment OF the trial court affords q
=---E--E demonstration Of the wisdom Of the
--z-ed barons who Vyresred Magma ChaTIa from
King John and CT ancestors II embedding Us
r7- -T-- "a OILY
IN closing il IS urged that the granting Of the
=-- would be justified