Omaha daily bee., 1908-12-20
ANSWER FROM OIL COMBINE
Brief Filed with Supreme Court in
Appeal in Big Fine Case.
POLICY OF LAW AGAINST 1T
Contention that Review of Judg-
ment In Favor of Accused In
Criminal Case in
Irregular.
POLICY OF LAW AGAINST 1T

the Chicago & Alton Railway company, in
which the United States courts for the
northern district of Illinois imposed a fine
of 500, 240, 900, was today filed in the supreme
court of the United States.
The case comes before the court on a
petition by the government for a writ of
certiorari bringing it up for review OF
the decision of the United States circuit
court OF appeals for the seventh circuit, by
which court the district courts decision
was reversed. The brief antagonizes the
petition. and this opposition is based prin-
cipally on the ground that the law does
not authorize a review by the supreme
court on an application of the government
of a Judgment of the circuit court OF APP
peals in a criminal case by which a writ
of error of the defendant is sustained and
disposed of by reversing the judgment and
sentence of the trial court" 1t Is contended
that in a case of this character a writ of
certiorari is equivalent to a writ Of error
and that 1.-THE policy of the law Is against
the review OF a judgment in favor Of the
accused In a criminal case at the instance
of the government"
Discussion OF Rates.
It is pointed out that 6 cents was the
lawful rate on petroleum for all shipments
from Chicago to East 81. Louis, except
from the stations at East Chicago, Ham
mond, Ind; Indiana Harbor and Writing
or other suburban switching points in In
diana. From these points the government
contends that the railroad was required to
charge Is cents per hundred, or three times
the Chicago rate, and hat therefore the
Standard company, which shipped from
| the suburb of Whiting at the Chicago rate
80. r-.,ar1xr vnt1afaI nv the district court
in the sum of $50. OOO,O OO, 'for not shipping
at and paying a prohibitive rate Of three
times as much as the Chicago rate" Con-
tention is made that due effort was made
In behalf of the StandaT company TO
discover the legal rate, and II is urged
| that the company should not be held re-
sponstble for it's failure In thai respect.
Continuing, the brief says;
Counsel as well as the trial court have
overlooked the obvious consideration that
the controlling purpose OF the acts to regu-
late m is 10 promote and facilitate
commerce.. and not TO hamper or destroy it,
Counsel argued the construction of the
Elkins amendment as II congress, in pass
ing 1t. regarded the shipment OF commodi-
ties in Interstate as fraught with
evil or danger 20 the safety or morals Of
society and that It was therefore TO be
burdened WITH penal IeslIlcuohs ana tha'
shippers are to be held to n rule OF dill
gence in knowing that the rates at which
they ship are the current lawful and pub
lished rates, such. as has been in extreme
cases applied 20 dramshop keepers selling
liquor to minors or druggists selling
poiscns. II such shippers were required TO
carry on business under such a rule as TO
diligence or the equivalent OF knowledge
at the risk of criminal prosecution ana
severe penalties, interstate commerce would
be greatly restrained and diminished, II
not destroyed. What is said in the opinion
Of the circuit court Of appeals is apt on
this question"
Discretion of Judge.