The Robesonian. [volume] (Lumberton, N.C.) 1870-current, 1908-07-27
BIG FINE UPSET.
Federal Circuit Court of Appeals
Reverses Standard Oil Decis-
ion.

Reverses Standard Oil Decis-
ion.
Chicago, ILL.,. Dispatch. I'D.
In an opinion that bristles with
sharp comment on and criticism
of the action of the lower court,
the three judges of the United
States Circuit Court of Appeals
today unanimously reversed the
decision of Judge KenesaW M.
Lands, who imposed a fine OF
S29, 24O, 900 on the Standard Oil
Company of Indiana for accept
ing lower than published freight
rates on oil shipped over the
Chicago and Alton railroad, and
CURLY remanded the case.
When the decision was an
nounced politicians here declared
it's would put Taft stock down a
quickly as it put Standard Oil
stocks up, because it would be
hard to make the average voter
understand the gist of the decis-
ion, and because he would natu-
rally place the responsibility for
the failure of the big fine to
stick" to the party in power.
Three causes are assigned by
Judges Grosscup, Seaman anC
Baker for the reversal and re.
handing of the case. The frs
is that Judge Lands erred in his
construction of the law concern
ing the publication of railway
tariffs. The opinion takes eXcep
ton to the ruling of Judge Ian
dis on this question and hold
that shippers cannot be convicteC
and punished for accepting con
cessions from regularly publishe,
rates, unless it be proved tina
they accepted such concession
knowingly and Intentionally.
Second-The court holds tina
Judge Lands erred when he de
cided that the number of often
ses for which the maximum pen
atty could be imposed in eac
case was the number of cars @
goods transported instead of tn
number of shipments or tn
number of settlements.
Third-It is held that the low
err court abused that discretio
vested in trial Court in his il
vestigation into the affairs of tn
Standard Oil Company of Ne
Jersey through his arraingmer
of the parent corporation, i
which he was not sustained b
the record, and in the impositiC
for a first offense of a fine thirt
times as great as the total asse
of the defendant corporation.
A dispatch of the 23d frol
Oyster Bay, N. Y, states tn;
after a conference with william
H. Taft, President Roosevelt d.
termined that the chances
of success of the Republics
Presidential candidate should NJ
be imperiled by thehigher court
reversal of the fine of $29, 240, OF
imposed by Judge Lands. Sc
rotary Leob, after being at Sa
amore Hill all the afternoon, ga
out the following statement:
THE President has direct,
the Acknowledgement to immeC
ately take steps for the Standa
Oil case; the reversal of the d
cision of the lower court do
not in any shape or way tou
the merits of the case, exceptil
so far as the size of the fine
concerned. There is absolute
no question as to the guilt of
defendant or the exceptiona
grave character of the offeni
The President would rega
it as a gross miscarriage
justice if, owing to any teC
nicalities of any kind, the {
PENDANT escaped the punishmt
which would have inquest,
ably been meted to any veal
defendant who had been gui
of any such offence. The Pre-
dent will do everything in
power to avert or prevent 81
miscarriage of justice. With
purpose in view the Presid
has directed the Attorney-G
eral to bring into consultat
Frank B. Kellogg in the mat
and to do everything possible
bring the offenders to justic
Wade Mecum Hotel BurneC