Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1908-12-24
STANDARD OIL
FIGHTS EVERY INCH
FILES BRIEF ANTAGoNIZING Pc
TlTIoN OF GOVERNMENT FOR
WRIT OF cERTiORARi.
DECLARES RULE OF DILIGENCE
REQUIRED WOULD DIMINISH
INTERSTATE COMMERCE.

Washington. Dec. 20.-The Standard
Oil company's briefs in the proceed
ings of the United States against that
smpany on charge of accepting re-
ates from the Chicago & Alton rail
ray company in which the United
;tates district court for the northern
district of Illinois imposed a fine OF
S29, 100000 was yesterday filed in the
supreme court of the United States.
The case comes before the court on
"a petition by the government for
writ of certiorari bringing it up for
review of the decision of the United
States circuit court Of appeals for the
seventh circuit, by which court the
district courts decision was reversed.
The brief antagonizes the petition and
this opposition is based principally Oh
the ground that the law does not "au
thorize d review by the supreme court
on an application of the Government
of the judgment Of the circuit court o.
appeals in a criminal case by which 4
writ of error of the defendant is sus-
tanned and disposed of by reversing
the judgment and sentence of the
trial court" 1t is cOntended that IN
a case Of this character the writ OF
certiorari is equivalent to writ OF
error and that the policy Of the law
is against a review Of judgment IN ia
YOr Of the accused in a criminal case
at the instance of the government.
Much Of the brief is technical in
character, but there are occasional
passages which depart from that
Characterization It is pointed out
that while six cents was the lawful
rate on petroleum for all shipments
from Chicago to East st. Louis ex-
Icept from stations at East Chicago,
Hammond Indiana Harbor and Whit
ing, or other suburban switching
points in Indiana, from these points
the government contends that the rail
road was required to charge IS cents
per hundred, or three times the Chi
|cago rate, and that, therefore, the
STANDARD company which shipped
from the suburb of Whiting at the Chi,
cago rate was properly muIcted by
the district court in the sum Of $29,,
100000 "for not shipping at and pay
ing a prohibitive rate of three times
as much as the Chicago rate" The
contention is made that due effort
was made on behalf of the Standard
company to discover the legal rate,
and it is urged that the company
should not be held responsible for its
failure in that respect.
Continuing. the brief says:
Counsel as we'll as the trial court
have overlooked the obvious consider
alton that the controlling purpose OIL
the acts to regulate commerce is 'roI
promote and facilitate commerce ana
not to hamper or destroy it.. Counse,
argue the construction Of the ETTuns !
as if congress. in passing
it, regarded the shipment of c0mmod- |
tiles in interstate commerce as fraught |
with evil or danger to the safety OF
morals of society and that it was. !
therefore, to be burdened with penal
Instructions and that shippers are to
be held to d rule of diligence in
knowing that rates at which they snip
are current and lawfully riled and pub
Iished rates, such as has been in ex-
IRENE cases applied to dram SHOP
keepers selling liquors to minors orI
druggists selling poisons. If shippers
were required to carry on business
under such a rule as to diligence or
the equivalent of knowledge at the
risk Of a criminal prosecution and Sc
we're penalties, interstate commerce
would be greatly restrained and di- !
minished, if not destroyed"