The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-11-11
s ANOARD OIL IS
WINNER IN FIGHT
AGAINST FINE
UNITED STATES CIRCUIT COURT
OF APPEALS uPHoLDs JUDGE
oRosscUP's DECISION. REvERs-
ING THAT OF JUDGE LANDS.

CHICAGO, Nov. l0.-The Standard
Oil Co. won victory today, In The
United States circuit court OF appeals,
In its fight on Judge Lands decision
fining the oil trust s29.240,00O.
In the decision handed down today.
by the United States circuit court OF
appeals. Judges Grosscup. Baker ana
Seaman. sitting. uphold the decision
OF Judge Grosscup wherein the de-
cision OF Judge Lands was reversed
AS the case now stands, the deci.
sion or the court or appeals haihhea
the decision OF Judge Lands and the
work OF the district attorney unless
an appeal 10 the United States SUI
preme court be taken.
II Is almost certain that an appear
will be taken Immediately after the
decision. District Attorney Sims asked
! for a stay in the issuance of the man
tdate and wired Attorney General bon.
aparte. Future action viii depend
upon instructions from washington
The case now. however, is up 10 the
attorney general and other officiais IN
Washington.
Decision a Brief One.
The decision handed down today
was comparatively briet. Besides
denying the petition for a rehearlAs'
thus confirming Judge GrosScup ;
previous ruling reversing Judge Ian
dis. the court OF appeals TOOK oeca
sion TO criticize sharply the govern
ment counsel for alleged misconstruc'
ton OF the courts previous ruhng. me
language of this criticism follows
Courts have the right TO expect
that counsel accustomed 10 prac-
tice in the courts OF review not
only know the meaning of legal
terms constantly in use in discus
sion and opinions OF these courts,
but will not misuse such terms 10
spread misinformation respecting
a judgment that in the nature or
the case. is bound TO attract wide
public attention.
Hands Down Extra Opinion.
In addition 10 the courts decision
Judge Baker handed down an opinion
giving additional reasons for concur
ring with Judge Grosscup, In his &c
cision reversing Judge lands. Ihis
original opinion handed down oy
Judge Grosseup is amplified in two
particulars in answer TO the following
objections on the part OF the govern
ment TO features OF the Grosscup opln-
ion:
THAT under the decision OF
the hioher court il is not shown
what basis of a concession should
be for which a shipper may be
punished.
2-That under the decision OF
-
NAV use a subsidiary concern to
commit crime while escaping pun
ishmert.
This is the second time the court
has acted In the case. The suit was
originally taken 10 the appellate court
by the Standard Oil Co, AFTER Judge
.andis. of the United States district
court. had fined the company sZs,Z4o''
600. following a trial replete with SEN
sations.
A Jury In Judge lands court found
the company guilty OF accepting re-
bates from the Chicago a. Alton raii
road.
The company had been indicted oy
two special federal grand Jurles Oh
6,42s counts, charging violations Oh
the Elkins antitrust law, whlch pro-
hibits the granting or acceptance OF
rebates on oil or other products.
The trial began March 4. 1917, and
lasted for six weeks. United states
District Attorney Sims represented
the government and Attorneys Jonh
s. Miller, Moritz Rosenthal. virgil r.
Kline. A. G.. Eddy and II. w. Martyr
appeared for the company.
The Specific indictments.
The specific indictments on which
the United States authorities elected
10 make their fight numbered l,462,
and charged the acceptance OF rebates
from the railroad company. aggregat-
ing s223.00O, on shipments OF 5000
cars OF oil from Whiting, Ind, to East
ST. Louis. The trial ended In YER
dict OF guilty on each indictment and
on each separate count In each In
dictment. The imposed fine could he
less should II be shown that the stand
ard OIL Co., of Indiana, a $T0OOOo0
corporation, was not q subsidiary OF
the Standard Oil Co.. OF New Jersey.
After conviction, and before he pro-
nounced sentence, Judge Lands ex:
messed a curiosity to have this lat
ter point cleared up and he subpenaed
John ID. Rockefeller and lesser Stand
ard OIL lights to testify regarding the
connection between the INDIANA and
New Jersey corporations.
On Aug. 3, 1907, Judge Lands fined
the company the maximum. IL imme-
dIately took the case to the circuit
court of appeals on a writ OF error.
Last July the appellate court hand
ed down it's opinion on this writ, re-
versing the trial court and remand
ing the case to Judge lands for re-
trial. District Attorney Sims filed
petition for a rehearing OF the case
before the appellate court, alleging
that the circuit court had misunder-
stood and misouoted the rulings OF
the trial Judge and alleging rurther
that the circuit courts ruling. II sus-
tanned. would make Of the interstate
commerce act "a mere will-o-the-wisp
OF legislation, phantom statute"