New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-09-25

A N-mo-' II ~ Par OF me s-p.-a,- Coan o. he
lai,-d States

-aused more adrcrS. criticisms of the courts
rhan that OF the nitgd States as. The Standard
Oil Company Of Indiana. II i a long CRY from
4 decision imposing q fine of S-4-ipouU &" q de-
cision directing verdict Of mot guilty" II has
been difficult for tle mau on thc street L. under
stand how judicial - STEM could Ice efficient
fair and honest and al the same tIu" arrive al
two results So Giamctrigsll : oppressed
The comment upon this case has Not greatly
helped him 10 al intelligent opinion. This com
ment has been Faried and emphatic. Il has
moved from the most yiT.olic attacks on the
Integrity OF the judges. to 4 wholesale deuun-
citation OF the law courts Very few persons
have taken the trouble To examine the proceed
lngS this case IN order 10 inform themselves
with respect TO il. and the general impression
has been permitted 10 remain. thaL astute law
yers aad powerful, Influences. commanding in
tricae teclnl esliiie> Of the law. have been able
70 oh,aih ui-SlarFias x oi Justice.
Now. public opinion is the most potent force
In oar civilization. i;ut Il i force Ike that Of
the elements Intr-jiecntly exercised, + served
70 elevate ami perfect our Institutions. IgnO-
raBily exercised, DC tends 10 degrade and destroy
them. That public opinion should be based upon
Truth IS then OF the most vital Importance. eSpe-
ciaIiy under 4 form Of government where every
man, by his vote exercises a share Of The SOW
aneign power. and thereby decides whether an
Institution snail na mainta ied or discarded
The Standard oil t"mpany Of Indiana, cor
pOTaiipn having capital stock Of Sl"oHo.
vas indicted uhd-r Inc Ekns law, on 40"
counts. clIa rgiiis ti;it its property was trans
ported by the Chicago X Alton Railroad Com
pany al rates -ess than those named in the
carriers tarin schedules, published aud filed
With the Interstat" Commerce Commission a
required 10y law earA count Of the Indictment
charged th5 Wing of q car of Oh on The
trial. AL counts *ere withdraw from the con
sideratIOn Or the Jury. On lac remaining t,fpS
eDunts the Standard oil Company Of Indiana
Eas found guilty The at left il within the dis
erection of the judge TO imI"Se fine Of either
$1,000 or 10000 for each offence. District
Judge lands. in the exercise or that discretion.
imposed the max imam fine al $4,000 upon each
Of the counts, making IN All q fine of S2i-@4o,o'O.
The case was taken 10 TIE United States Circuit
Court Of Appeals for the seventh circuit, where
it was reversed. aud sent back for retriai. Upon
a reriai before District IdSe Anderson the
case was dismissed.
The provision of the I.lkins law. upon which
this prosecution vas founded, II Is follows:
And It snail b. r54fgl Tor any person peris.of,s
accept. receive any rebate concession, or DIS
crimnafien "a respect Of tie =portation II any
properly ia interstate or foreign commerce by any
common carrier SUBJECT 10 said act 70 resLi,,le
and the acts aulend1tory thereto whereof!
any such properly sial - any device Rha1eter be
tariff published and fled by such carrier as IS re-
qured by said act 20 regulate commerce and the
advantage is efge' discrimination Is practised
Every person or cofpof-tlon y no .ii,in oti q -
CONCESSION Or Discrimination s1l!i DC deeinee satH
be punished b. line o. not less than one thou
sand dollars than twenty thousand dol
lars
THE theory upon which the government pro-
r,.esIad against the defendant was that the tariff
schedules filed by the railroad company for the
TRANSPORTATION OF oil from Chicago to East st
Louis Vas is GEMS hundred pounds and That
the rate given by the railroad company 10 the
Standard OIL Company was cents hundred
pounds 70 East ST Louis, bills at these rates
being rendered boy the railroad company 10 the
defendant semi-Inonthly.
Al the very threshold Of this case, the Presid-
ing Judge found himself confronted boy one of the
most yexatiOus difficulties with which our
co,,ris nave &C. contend namely, 10 arrive ut the
exact meaning of a loosely drawn statute lbid
the language Of this act mean that The whole
frausactiOn-the obtaining of the rate and Inc
sIIDJuents under that MISUNDERSTANDING
oDr offence. or did IL mean that as the Standard
Oil Gompany had made thiriy-siX payments Tor
e3,fn,osnfs under this concession, these con
sIIfilissI thirty SIX offences; or did IL mean tiat
every time a consignment of cars was moved,
fhat consignment Of cars constituted dlsIlhcI
ofTe... or did Il mean that the moving OF every
ear was a distinct offence: or did al mean lilaI
DIE moving OF every barrel, or gallon or pound
az oil was distinct offence
n ran be seen readily thar under statute so
-arelesslv and loosely formulated there couid
40 mo certainty as 10 exactly what congress
,ncant shOuld constitute the complete ohehce
and that a court called upon to say what II
meant was eoessaTily forced into The realms VI
coBlecture. a,-r,
Jndge Lands, upon consideration Of this hm- !
bIguOus statute, came 10 the conclusion mat
g,e movement OF every cdT of oil constituted a
complete and distinct offence. and upon inns !
theory he imposed a tine for the moving OF
eafiB car.
TT,e presiding judge found himself also CON |