Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1908-07-31
That Standard Oil Decision.

Thomas Jefferson in his genera
ton saw clearly that the Federal
Government was prone to become
the lurking place Of tyranny and the
Capitalization nf arbitrary power, in
our complex system Of government.
The subsequent history of our be-
loved country is replete with facts to
verify that eminent statesman pre-
diction in this regard. The late de
ci>iOn of the t. 5. Circuit Court of
Appeals. reversing the decision Of
Judge Lands in filming the Standard
oil Company $29. 100. 900. presents Il
fOrcible Illustration Of the tcchnicali-
ties which these tribunals will in
woke. in order to permit the greatest
and most pcrnicious monopoly of
modern times to escape punishment,
justly incurred for its many and
stupendOuS transgresSionS of the law.
It has been announced that Peter
Grosscup. the Judge who wrote the
remarkable opinion. based his con-
illusions upon erroneous recitals from
the record. He contends that the
trial court erred in excluding GER
tain evidence offered in behalf Of the
defense, when in fact the transcript
showed the evidence was admitted
over the objection of the prosecution,
and that Judge Lands had remarked
at the trial that the Standard Oil
Company of New Jersey was no
virgin offender, whereas the record
showed this remark was made with
reference to the Indiana corporation,
which received rebates directly from
the railroad companies. There was
ample proof going to show that this
Indiana corporation was no more
nor less than make-Shift for the
principal offender. The Associated
Press dispatches indicate plainly the
humiliation felt by the administra-
ton in receiving such q vital thrust
at the beginning of campaign, the
chief cornerstone of which being the
remarkable results achieved by Mr.
Roosevelt in the matter of trust
bursting, which was to be carried on
by his man Taft, with great vigor.
Quoting briefly we read:
"The President has directed the At
torney-General Immediately to take
steps for retrial Of the Standard Oil case.
The reversal of the decision of the lower
court does not in any shape or way touch
| the merits OF the case, except insofar as
the size of the fine is concerned. There
is absolutely no question Of the guilt of
the exceptionally grave character of the
otiense"
"The President would regard it as a
gross miscarriage of justice, if through
any technicalities Of any kind the defend
ant escaped the punishment which
would unquestionably have been melted
out to any weaker defendant who had
been guilty of such otiense. The Presi-
dent will do everything in his power to
avert or prevent such miscarriage of
justice"
From his numerous public utter
ances, Judge Grosscup was regarded
as q man who had the interests of
the people at heart. His views on
the evils of monopoly and corporate
ACKNOWLEDGEMENT were vigorous in
the extreme; he cOntended that good
corporations may be formed by the
people as stockholders, to prevent
the invasion of private rights. OF
course this pOstulate is surprisingly
indetinate for jurist to put forward.
If it means anything, it is socialistic
in its tendency. When the learned
Judges attention was called to his
former utterances, in connection with
his recent rulings, he remarked that
he had Developed. 1t is justly claimed
he was in hurry to prepare his
opinion in the above case, because he
wished to tender his resignation and
resume the practice of law. The
Standard Oil Company can well af-
ford to give him a good comfortable
salary for many years to come. 1t
goes without saying that the coun-
try will not lose much when he shall
vacate the bench and take his quib-
bles with him.