The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-07-24
REVERSAL OF JUDGE LANDS.
DECISION.

AS we TeaQ the OPINION OF the U0lt.
ed States circuit court OF appearls. the
decision of Judge Lands is reversed,
among other things, for the simple
reason that the Standard Oil company
accepted the tariff quoted by an au-
thorized agent of the railroad com
pany. In other words, it is precisely
the same as If you walked down to
the station and asked the price of q
ticket to New York, and you were
furnished one by the agent, who ex-
planned that If you went via such and
such a route the cost would be but
$40. The chances are that you would
take him at his word--you would not
pore through the files of the inter
state commerce commission to ascer-
tain whether or not the railroad had
published that rate. You would recog-
.nize the fact that the agent occupied
the position Of the seller, and Is sup
posed to know what he is doing. No
man pays more than he has to for
anything he purchases. The law in
this q required certain things Of
the railroad company-and the corpo-
ration failed to comply.
OF course, 1t is hardly possible that
the agents Of the Standard Oil were
in ignorance OF the precise rate. They
are too shrewd not to know that. They
doubtless knew as much, It not more.
about the tariff on oil than did the
particular clerk who accepted their
money-but that does not alter the
case-the railroad, through its agent,
accepted the money.
He may have made a mistake, and
from the turn of events undoubtedly
.did-but there were higher ups" who
reviewed his work and approved It,
and that relieved him from responsi.
bility in the premises.
As a matter OF fact, the Alton rail-
road put its foot in it. There were
other considerations-such as refus-
ing to listen to the testimony of the
clerk in question, and other facts,
which constituted a series Of errors.
In addition, the prosecution was aimed
at the Standard Oil company Of New
Jersey, which was not at any time.
under indictment or trial, and the
Judgment was rendered against the
Indiana company, in the hope Of beat
ing the New Jersey corporation over
its shoulders.
When the enormous fine was first
levied men generally threw their hats
in the air and congratulated each 9TH
er on the fact that at last the com
pany had "got what was coming to
It," On sober second thought, how
ever, the American sense of fair play
began to develop. The fine was ex.
cessive-29 times the total capitalize
ton Of the company. Responsibility
was placed entirely on the oil con-
Germ, for paying the rate the railroad
asked, and for not saying, Here, you
have made a mistake, mister. You
only charged me 6, whereas I should
pay you 10 cents"
Had this ruling held good, then, In
deed. not only that company, but ev-
cry man, as we see it. who is a pur.
ElaLlAs-
chaser, would become liable for I'M.
derpaying the seller. The buyer would
have to inquire, before he made q pur.
chase, to ascertain whether the seller
was not actually parting with his
wares at q price lower to him than to
some other man. All the burden Of
responsibility would be placed on the
purchaser. He would assume all the
risk. and the seller would have only
to quote any rate that popped into his
head and then have the buyer arrested
G-N- INL