The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-01-05
STANDARD OIL
GETS OUT OF
PAYING FINE
Supreme Court Upholds View
Taken by Judge Grosscup
and viii Not interfere.
CASE MAY COME BEFORE
JUDGE Lands AGAIN
OR THE INDICTMENTS FOUND IN
TENNESSEE MAY FORM BASIS
OF A NEW ACTION.

Washington, Jan. 4.-The $50 DOC, 600
fine case of the Standard Oil company
will not be reviewed by the supreme
court of the United States.
The decision of the cour. of this eff
feet was announced by Justice Fuller
soon after the court convened today.
The case came to. the court on a petit
toin fled by the government asking the
court for a writ of certioraFf to order
up the record n; the case for a review
of the decision of the United States cir
cult court of appeals for the Seventh
circuit, by which Judge Lands orig
inal decision imposing a fine of s29 ,000,-
600 against the Standard Oil company
for accepting rebates from the railway
companies was reversed. In the SUI
preme court the case turned largely
upon the right of the court TO interfere
in view of the fact that the case has
been passed upon by the court of ap-
peals. the government contending for
such privilege as a right, while it was
urged in behalf of the oil company that
the precedents were all against such
proceeding. The action Of the court
consisted in the announcement that the
governments petition would not pc
granted. The effect of this announce
ment will be to leave standing the Gcci-
sion of the court of appeals, which was
adverse to the government and favor
able to the company.
No Reasons Given.
The courts announcement was the
barest fornaIity. No reasons whatever
were given. and the determination of
the court was stated along with a num-
Der of other cases of compare lively lit
tie Importance. The chief justice sim
ply announced that the petition for GER
tiorari was denied Under this ruling
the case viii go back to Judge Ian
dis court for new trial, in accoldonce
with The desisiea =of the court Of aF-'
peals.
1t is stated at the department of Jus
tice that the decision gives the case its
origilisl status subject to the views of
Judge Grosscup as contained in his de-
cision of July % and Nov. 10. 1908.
Circuit Courts Ruling.
These in effect were:
First, that the trial court Judge Lam
dis) had erred in its ruling on the adj
mission and exclusion of evidence. ard
in its charge to the jury by adopting the
view that a shipper can be convicted of
accepting a rebate even though il is
shown on the matter of intent that he
did not know what the Lawful Nlished
rate actually was; second. true
tests of the number of ole slsess Is not
the number of carloads transported, but
the number of single transactions re-
sulting in shipment; that the offense
of accepting a concession is the trans
action" that the given rate consumed
whereby the shipper, for the thing
shipped, no matter how great or how
little its quantity, derives a rate diff
ferent from the established rates; third,
that the trial court abused its discre-
ton in imposing an excessive fine of
s29, 100000.
The question as TO when the case viii
again be presented to Judge lands for
trial depends upon United States Attor-
ney Sims for the Northern Illinois dis
tTict, but it is expected that some ac-
tion toward that end will be taken
within the next few weeks.
1t is probable that Judge Lands will
again personally conduct the trial, but
it is entirely within his discretion to
request another judge of the same dis
trict to act.