The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-11-10
STANDARD OIL is
WINNER IN FIGHT
AGAINSTE|NE
UNITED STATES CIRCUIT COURT
oE APPEALS UPHoLDs JUDGE
oRosscUP's DECISION, REvERs-
ING THAT OF JUDGE lands.

CHICAGO, Nov. 1O.-The Standard
OH Co. won victory today, In the
United States circuit court Of appeals,
: In It's fight on Judge lands decision
fining the oil trust $29,24O,OOO.
In the decision handed down today.
by the United States circuit court OF
appea ais, Judges Grosscup, Baker and
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 OF the court of appeals nullihed
the decision of Judge Lands and the
work of the district attorney unless
an appeal to the United States su-
preme court be taken.
Ii Is almost certain that an appear
will be taken. Immediately after the
decision. District Attorney Sims asked
for stay In the issuance Of the man.
date and wired Attorney General Bon
aparte. Future action Will depend
upon instructions from Washington.
The case now, however. is up TO the
sttorney.general and other officials In
Washington.
Decision q Brief One.
The decision handed down today
was comparatively brief. Besides
denying the petition for a rehearing,
thus confirming Judge Grosscup's
previous ruling reversing Judge Lam
dis. the court OF appeals took occa-
sion to criticize sharply the govern
ment counsel for alleged misconstruc-
ton OF the courts previous ruling. The
language OF this criticism follows:
Courts have the right to expect
: that counsel accustomed to prac-
tice In the courts Of review not
only know the meaning OF legal
I terms constantly In use In discus
sion and opinions of these courts,
/ but will not misuse such terms 10
spread misinformation respecting
n Judgment that. In the nature OF
the case. Is bound TO attract wide
public attention.
Hands Down Extra Opinion.
In addition to the courts decision.
Judge Baker handed down an opinion
giving additional reasons for concur
ring with Judge Grosscup. In his de-
cision reversing Judge lands. THIS
original opinion handed down BY
ridge Crosscup 10 amplihed In two
particulars in answer TO the Following
objections on the part Of the govern
ment to features Of the Grosscup opin-
ion:
THAT under the decision OF
the hioher court II 10 not shown
What basis of a concession should
be for which a shipper may be
punished.
2-That under the decision OF
the hiuher court q corporation
may use a subsidiary concern TO
commit crime while escaping pun
ishmsnt.
This Is the second time the court
has acted In the case. The suit was
originally taken to the appellate court
; by the Standard Oil Co., after Judge
Lands. of the United States district
court. had fined the company $ZS,Z4o'-
OOO following trial replete with SEN
sations.
Jury in Judge lands court found
the company guilty OF accepting re-
bates from the Chicago & Alton rail-
, road.
The company had been indicted by
two special federal grand turies on
6.42S counts, charging violations OF
the Elkins antitrust law, which pro-
bibits the granting or acceptance OF
rebates on oil or other products.
The trial began March 4, 1907, and
lasted for six weeks. United States
District Attorney Sims represented
the government and Attorneys John
8. Miller, Moritz Rosenthal. Virgil r.
Kline, A. q. Eddy and II. w. Martyr
appeared for the company
The Specific indictments.
The specific indictments on which
the United States authorities elected
TO make their fight numbered 1,462,
and charged the acceptance OF rebates
from the railroad company. aggregat-
ing S223,000, on shipments OF 5000
cars Of oil from whiting. Ind, to East
St Louis. The trial ended In a ver-
dict of guilty on each indictment and
ON each separate count In each In
, dictment. The imposed fine could be
less should It be shown that the Stand
ard Oil Co., of Indiana, a 100000
corporation, was not subsidiary or
the Standard Oil Co., Of New Jersey.
After conviction, and before he pro-
nounced sentence, Judge lands ex-
pressed a curiosity to have this lat
ter point cleared up and he subpenaed
John d. Rockefeller and lesser Stand
ard Oil lights to testify regarding the
connection between the Indiana and
New Jersey corporations.
On Aug. 8, 1907. Judge lands fined
the company the maximum. II imme-
diately took the case to the circuit
court of appeals on writ OF error.
Last July the appellate court hand
ed down its opinion on this writ. re-
versiug the trial court and remand
ing the case to Judge lands for re-
trial. District Attorney Sims fled a
petition for a rehearing Of the case
before the appellate court. alleging
that the circuit court had misunder-
stood and misquoted the rulings OF
the trial Judge and alleging further
~ that the circuit courts ruling. II sus-
tanned, would make of the Interstate
x commerce act "a mere will-o'-the.wisp
Of legislation, a phantom statute."p