Omaha daily bee., 1908-07-23

rate that the trial court deciphered out of
these papers, is compared with admitted
rates on other roads for the same product,
and with the admitted rates on the same
road for a like product.
Tariff by CircumIocution.
THE tariffs sheet relied upon as the law
full published rate filed with the Interstate
Commerce commission is tariff sheet No.
"a OF the Chicago & st. Louis Traffic asso-
citation and the first thing to be noted is
that this tariff sheet makes no reference
by name to petroleum or the products OF
petroleum. On the face Of that tariff sheet
no Is cent rate for petroleum or the pro-
ducts of petroleum appears. The IS cent
rate was only arrived at by a process OF
circumlocution that is to say on the face
Of these tariff sheets there was found a
printed line governed by Illinois classified
ton, except as noted herein;' thereby turn
ing to a classification adopted by the rail-
road and warehouse commission Of Illinois,
September 7, 1899, 1t was found that petro-
leum and its products were set down in the
fifth class; and then turning back to tariff
sheet No. "a it was found that the rate set
down for the fifth class was Is cents per
100 pounds. And so out of this process of
reference and cross reference the lawful
published rate was evolved by the trial
court to be is cents, not because it so
appeared on the face of the tariff sheets,
but because by reference to other sheets
sheets fixing, not rates, but classiflcations,
and that not by the Interstate mme
commission or the carrier, but the Hin
OILS Railway commissioners could be so
figured OUT
Room for Disagreement.
The court remarks the number OF nice
judicial questions raised in the case and
declares that the court is not prepared to
say that tariff sheet No. "A really fixed the
rate on petroleum and Its products at Is
cents. THE most we can say" the opin-
ion reads, rs that the question is one upon
which judges, after fun discussion, might
very reasonably disagree"
THE error of the trial court In taking
away from the plaintiff in error its rights
to submit to the jury the whole question
Of whether it had knowledge of the tariff
sheet from which 1t is said to have accepted
! concessions and therefore with intent to
violate the law-whether the rate paid was
not paid in the honest belief that 1t was
the lawful rate-is an error that raises
into one Of solid substance"
Taking up the question as to whether
each shipment constituted a separate
offense by which Interpretation Of the law.
Judge Lands imposed the largest fine in
history on the Standard OIL company, the
court has this to say:
Agreement Not "a Crime.
THE grist OF the offense is the accept
anee OF a concession irrespective of whether
the property involved was carloads, train
1 loads or pounds. Has a shipper fully and
finally accepted a concession when he has
done nothing more than TO agree with the
carrier that less than the published and
and filed rates shall be paid for the trans
portation OF his property? Is is not neces-
sary that the transaction be closed by
actual payment of the lower rate? In the
rebate the shipper paid in the first instance
the full rate to the carrier and afterwards
received back a part. Manifestly tho Of
Tense OF accepting a rebate has not been
committed until the shipper has taken back
a part Of the first money whereby his
property has been transported at less thar
the lawful rate. Proof that he agreed "a
accept a return OF a part of the full rate
stopping there-would not support an in.
dictment for accepting a rebate. Such an
agreement is not binding: and at anytime
before its completion the shipper may
repent and insist upon the carrier keeping
the whole amount. The concession differ,
from the rebate only in this that in the
concession the shipper instead Of paying
the full rate and receiving back a part
merely settles for the difference. Tht
result is the same-the property Is trans.
ported for the same amount less than tn,
lawful rate. And, there is no basis in the
statutes for holding that In the case OIL
accepting a concession the transaction /,
consummated, and the door OF repentance /,
closed, at any moment earlier than in tn,
ease Of accepting a rebate. So proof thai
a shipper has agreed to accept q conees
sion. stopping there, $50 will not supper
an Indictment for accepting a concession
when Intended wrong becomes an accom-.
plished fact.
Number of Onenaes.
The number OF offenses in the presen.
case should have been ascertained in &C