New-York tribune., 1909-01-05
No STANDARD OIL FINE
GOVERNMENT LOSES SUIT.
Petition for Rerie50 Denied-fToes
Back to Judge Landiss Court.

Washington Jan 4-The case Of the Standard
Oil Company, in which a fine Of s29.240ooo was
imposed win not be reviewed by the Suprerne
Court of the United States. The decision 70 TINS
effect was announced by Chief Justice Fuiier To-
day The case came to the court on petition
filed by the government asking for VIII OF
certiorari TO review the decision OF the Cnhed
States Circuit Court Of Appeals for the seventh
circuit By which Judge Landis's decision innpos-
ing the fine for accepting rebates from the RAN
road compa nies reversed.
In the Supreme Court the case turned largely
upon the right of the court 20 interfere in view
of the fact that the case had been passed upon
by the Court Of Appeals. the government con-
tending for such privilege a right. while IL
urged in behalf OF the oil company that
precedents were all against such proceeding
The action Of the court consisted in the an
nouncement that the governments petition
would not be granted The effect OF this an
nouncement will be TO leave standing the de-
cision OF the Court OF Appeals. which was ad-
verse 20 the government and favorable to the
company.
The courts announcement Of It's decision not
to entertain the case was the barest fornality-
No reasons were given and the determination
of the court stated along with number OF
other cases of comparatively little Importance
The chief justice merely announced that the
petition for certiorari was denied. Under this
ruling the will go back to Judge Ian
dis's, court for trial. in accordance with
the decision Of the Court OF Appeals
1t is said at the Department OF Justice that
the action OF the court to-day IN denying the
application Of the government for a writ of
certiorari gives the its original status SUB
ject to the views OF Judge Grosscup OF tns
United States Circuit Court Of Appeals. as con-
tained in his decisions of July % and November
10. 1908 These decisions in effect were:
First. that the trial court Judge Lsndis) had
sion Of Z" evidence and in its charge 70 t6s jury
adopting the view that shipper can ee song,eIee se
on the matter of intent that he did not kno-
ond. that the true tests Of the number q 9n:ness
number Of single transactions resulting IN snip
ment; that the offence Of accepting a CONCESSION
mates whereby the shipper. for ne thing shpged-
no mater rsfs aSw 9nt ssa o from the estabts rste
third that the trial court asHssd dss
ton as to when the case will again be presented
to Judge Lands t t0r {5s4 fFis aEtr1cf but . eI-
peeted that some action viii bs taken within the
II is presumed that Judge Lands viii ss..a
personally conduct the tsis 9q1, sfoua 20 ~
other judge of the same district to hear the eass-
Az th. offices OF the Standard on Company. sc
Nc S Broadway, there was general rercence IN
ing the SO 100000 In quarters familiar with ths
case il vas said, however. that the effect Of the
decision would be to throw u back in the United
States Circuit Court Appeals. where IL certain
conditions were complied with. a new trial would
probably be granted
On a new trial II was added the 6ne TO Be inn
,osed 1pon the Standard Oil Company OF Indiana.
n IL should be adjudged guilty. would not exceed
about 81 100000 ruling Of the United States Cir
cult Court of Appeals the point Of what eonsti-
tuted a single offence making IT impossble tors
! s29 100000 fine to be again imposed = -,
The present federal prosecution Of the Standard
Oil Company of which the famous 1000 900 ms
| WIS the dramatic climax, virtually began on May
4 1896 with the submission to Congress by Presi-
dent Roosevelt Of a message Incorporating the re-
sult of Commissioner GarheIds investigation Of tcs
oil combination Both the President and the Com
missioner OF Corporations strongly condemned ths
Standards methods.
That same day the Senate voted TO pIace@the pIpe
limos under the control of the Interstats Commsrcs
Commission. and IL announced that the cases
against the company would be taken up By the
Department of Justice
II was on August 3. 1907. after a long series %
hearings that Judge Keuesaw NJ. Lands. In ths
United States District Court sitting In Chicago.
formally imposed the fine that has PROBABLY occa-
sionel more comment than any judicial act OF re-
cent wears He found the Standard Oil Company OF
Indiana guilty on 462 counts the acceptance OF
illegal rebates from the Chicago Alton Railroad
The company appealed 20 the United States Court
Of Appeals In Chicago and July q. 1sos. Judges
Grosscur Seaman and Baker unanimously reversed
the decision of Judge lands and Teanded the case
for retrial. The government petitioned for re-
bearing which was denied by the Court c< Appeals
in Chicago on November 10. 1908
The case then to the Supreme Court