The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1908-11-13


calls had acted in this case. The
ase was originally taken TO the ap.
Dcllate court by the Standard oil
ompany after Judge X. NJ Lands OF
he United States district court had
incd the company $29,2IOOOO, follow
ny "a trial rcplctc with sensations.
a jury i'm Judge Lands court hat
ound the Standard Oil company
utility OF accepting rebates from the
'hicago a. Alton railroad. Tho oil
ompany had been indicted by two
pcCial federal grand jurios on GAPS
cunts, charging violation of the I'll.
ins antitrust law which prohibits
he granting or acceptance of rebates
n oil or other products.
Trial Lasted Six Weeks.
The trial began March 4. 1907, ano
lsted for six weeks. United States
istrict Attorney Sims represented
re government, and Attorneys John
Miller MoritZ Rosenthal, Virgil =.
line, 4. ID, Eddy and w. W. Martyr
)peared for the Standard company
The specific indictments upon which
he United States authorities elected
} make their fight numbered Ago
ID charged the acceptance of re
ties aggregating $223,000 from the
bicago 4 Alton railroad on ship
ents of oil from Whiting, Ind, t.
asst St Louis, Ill.,
Fine Was $2e,24o,ooo.
The trial ended in verdict OF
lily on each indictment and Oh
CHI count in each indictment. TIL,
aximum fine was $29, 900. 1t
'uld be less, should it be shown thai
Standard Oil company of Indiana
Sl,0OO,O00 corporation, was not E
bsidary of the Standard Oil con
ny of New Jersey.
Rockefeller subpoenaed.
After conviction and before b,
onounced sentence, Judge Landi.
pressed Il curiosity to have the lat
r point cleared up, and he suDpoe
led John ID. Rockefeller and lesser
andard Oil lights to testify regard
the connection between the In
y
\ August 3, 1907 Judge Lands fined
e oil company the maximum, 500.
5000 in an opinion scoring the
mpany numerically.
The Standards Position.
The Standard company Immediately
ok the case to the United States
rcuit court of appeals on writ OF
t,t.
d erred in ruling that the number
offcnsCs should be reckoned by the
mbcr of carload lots, and not by tn,
mber of shipments; that the tria
'urt had erred in ruling that ignor
.ce of the law is not an excuse foi
olation of it, and that the trial court
assessed an excessive fine anC
gone beyond its power in hearing
,timony after the jury had returned
verdict.
Lands Is Reversed
Last July the appellate court hand
| down its opinion on this writ OF
ror petition, reversing the tria
,urt and recommending the case tt
dye Lands for retrial. This opin
II, written by Judge GrOsscup, con
ned what has been characterized a.
most remarkable eXcoriation OF
e court by another in the history
the American bench, holding tina
; had really convicted the STANDARD
il company of New Jersey, when il
| rs not even on trial. The opinion
| ferring to Judge Lands decision
id: mo monarch, no parliament
| tribunal of western Europe, TO
| nturies has pretended to have the
| tht to punish except after due tria
ier all the forms of law. Can thai
,htfully be done here, on no othel
sis than the judges personal belle
at the party marked by him TO-
.nishment deserves punishment? u
| }, it is because the man who happen
be Judge is above the law"
| On August IA last, District Attorne!
inns filed petition for rehearing OF
lie case before the appellate court
lleging that the circuit court hat
| Misunderstood and msQuotcd the rul
of the trial judge, and alleging
| rther that the circuit court ruling
sustained, would make of the intel
ate commerce act, "a mere will-o
le-wisp OF legislation, phantom
tatute."
Today's ruling was on this petition
Observation-Disclosures Advanced.
The decision was unanimous, Judg
rosscup writing the opinion. Judg'
aker. in concurring III the opinion
lded additional reasons for tho rul
Ng. The point that the standard o
fenso used by Judge Lands wa
rong is reiterated. The offense wa
ccepting rebates on the complet
ansaction over the shipment and no
each quantity sent. Therefore TIM
ach carload of shipment constitute
offense as ruled by Judge Landi
as held wrong.
Indirectly reference is made to drag
ing the STANDARD Oil company of NeN