Mexico weekly ledger., 1908-07-30
Writes Concerning the Big Fine
against the Standard oil-The
Expense Of the Mighty Deep
Recalls Opinions on Wa
tered Stocks.

Southampton, L. l. N. Y. July, %.
oh, the ozone of the ocean. II is
the stuff. 1t not only rcures all the
ills that flesh is heir to, but eliminates
those you strenuously acquired, or
may have forced upon you while not
looking. / am enjoying my vacation
by the sea Am eating, fishing, sleep
ing, boating and motoring. By the
sea you can sleep on a feather bed I'M
der a couple Of blankets during the
month OF July, only you must be sure
that your bed is not in a draft.
1 see the Supreme Court has rever-
sed the s29, $40, 900 Standard OH ine.
President Roosevelt has ordered the
Government lawyers to get busy and
20 after the corporations again and
wants the same kind Of results. 1t
seems to a great many people that
the fine was, to say the least, excessive.
The charge on which the Standard
Oil Company was convicted wa that
OF violating the Elkins act OF 1908 In
paying less than the tariff filed by the
Chicago and Alton Railroad with the
Interstate Commerce Commission on
shipments OF oil from Whiting, Ind,
to East st. Louis, Ill. 1t was not ais
puted that the officially filed rate was
Is cents and that the Standard Oil
Company paid only six cents.
The jury brought In a verdict that
the Standard on Company had receiv-
ed a special rate on l,462 carloads Of
oil, and Judge Lands imposed the
maximum fine Of $40. 900 for each car
load.
The Court Of Appeals reversal is on
three grounds;
Flrst-That Judge Lands improper
ly excluded testimony.
Second-That he erred In his direct
ions to the jury.
Thtrd-That he was guilty of
"abuse OF judicial discretion in i'm
posing sentence.
On the first ground Judge Grosscup,
who writes the reversing opinion,
says that Judge Lands should have
allowed a Standard OIL trafic manag-
er named Edward Bogardus to testify
that he believed the six. cent rate had
been publicly filed and that be was de-
ceived by a railroad clerk named Hol-
lands.
Judge Lands had ruled that II made
no difference what Bogardus knew or
did not know; that the sole question
was whether the Standard OIL had
paid the full rate as legally filed.
The second error was Judge Landis's
refusal to submit to the jury whether
there was intent to violate the law.
Since the Standard Oil corporation,
not it's individual officers, was the de-
PENDANT, this ruling on intent imputes
to q corporation the possession OF a con-
science and a desire to do good or evil
something hitherto confined to in
diviiusls.
For the size Of the fine the appellate
opinion censures Judge Lands harsh
lY. IL says than he had no right to
consider the ~iniqulties Of the parent
Standa I'd OIL Company and to say
that was not a virgin offender;' that
he had no right TO act on 1.-THE Judges
personal belief that the party marked
by him for punishment { deserves
punishment
A long hard fought legal battle will
follow, and In tile mean time rebate
will not bevery popular. II, instead
of making innocent stockholders pay
fines, the la~w-breaking officers OF the
offending companies we're sent to pri-
son prompt and permanent results
would follow.
High salaried officers would much
rather their stockholders should pay
fines, which the public In the end have
to liquidate, than TO go to prison, even
for a short term. That is human
whether we work for corporations or
not. One thing is sure in this free
and glorious country, and that is, that
Justice will prevail; and that the rights
of the humblest individual are just as
sacred as those Of the wealthier cor
porations. That is the main reason
this is such a great country. The
people will zealously safeguard this
r. M. White.