The free lance. (Fredericksburg, Va.) 1885-1926, 1908-07-25

~ ''S q TShktop for Nc
hsaring-Vsrious Shipments canro,
Be considered Separate onensc.
Under the RuloS.
Chicago. July %. - Following T.,
unanimous decision OF Judges Gross
cup Seaman and Baker. composing ii.
nited states circuit court OF Appeals
-eNersing and demanding tho case az
,Ae government against the STANDARD
oA company. OF Indiana. in which Gas.
judge lands in the district court Ina
imposed a nnc OF ScqefO.Ooo. Tho fel
--al attorneys announced that che gov.
eminent had thirty days within which
to ME petition Tor rchcarinr an
that 70 would Dee Hied within th. allot.
TED period. In the case that was r..
sorsed the Standard OH company. OF
Indiana. was found suiity OF acceptinr
rebates on shipments OF oil from as
refinery az Whiing Ind. 90 East 81
Louis, m Judge l-anlis fined the com.
pany 100000 ON each OF 1862 counts.
each count representing a carload
shipment
The opinion OF three judges OF th,
higher court leaves little OF the con.
tenion that each carload constituted
a separate oncnse. Even the yariors
shipments. of which there were alb az
500. could not De considered as sep
arate oferses under the ruling Of the
court OF appeals. The maximum fine
on this basis would abount 20 $4,000
and the minimum $4,000 Il is sa.
hat 1923 600 is the total amount th.
standard on company is alleged %
have received as rebates on the ship
ments In question
The court of appeals differs with the
TRIAL court on three vital points. hol BE-
lg that Judge lands excluded evil
dence for the Standard OIL company.
~ Indiana which should have been an.
mit;ed 90 show proper intent in the
rate the company paid on oil. that he
erred in considering each car lot a
separate ofcnse. and that in imposiu,
the maximum fine for first orouse he
abused The discretion vested 10 his
colrt
lao most striking portion Of tho de.
ci.ion. epitrmizlns the attitude % the
court follows
Counsel for the government say In
concluding their brief that tho Elkins
acc was passed because the peace az
society ana the welfare OF the po.uis
demanded &c, that railroad inoqua
means business ruin 90 an except those
powerful enough 90 make themsrl Ives
tae hcncaciaries of the discrinina-
rons. means the wip'ne out OF An IN
drstry. ot town. OF city. az "a. com.
mard ot an officer of private corpora.
zion. that railroad inequality IS th.
basis ol monopoly ana the wrongful
oncentration of wealth. that NJ law
~ more vital importance was ever
passed by congress. and that those
SliiE 90 violating IL are guilty of "a
serious crime against the principle
~ Industrial freedom and equality.
Every sentence OF this arralcnment
Is true That this court recognizes the
Importance of the enforcement OF thai
aet is shown In its aHrmance Of penal.
Ties that under other circumstances
would Doe regarded as very severe. But
the Interstate commerce act. import
ant as that law is is not the only law
under which We live. We live under a
guaranty that reaches back 10 the De
shining OF our law. and is securely
planted IN every constitution OF civil
lzei government. that no one shall be
punished until be has been heard. and
above this fundamental guaranty there
can be set no higher prerogative: for.
lei it once come 70 pass that under the
stress ~ enforcing equality. any power
In the government may override the
fundamental rights Of being Judged
only after having been duly tried-a
right just as essential in the associated
relation of the corporation as To men
In the relationship OF co-partners. or
% men Individually will remain
no commerce worth the name TO safe
guard. The beginning OF commerce is
constitutional government. and the
foundation Of constitutional govern.
ment Is the faith that every guaranty
Of our Institutions. no matter what the
provocation. will be sacredly OBJ
served"