Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-01-05
Needn't Pay That $685..
100000, Court Says.
Case Goes Back 10 Judge
Lands For Second TRIAL.
Consolidated Gas Co. Of New York
Loses Its Fight In Court.

fine case of the Standard OIL CO. will
not be reviewed by the supreme court
OF the United States. The decision of
the court to this effect was announced
Dy Chief Justice Fuller soon after the
court convened today. The case came
70 the court on petition filed by the
government asking the court in a Pc
lIti"n for writ of certiorari to order
mp the record i'll the case for q review
or m. decision of the United States
circuit OF appeals for the seventh cir
cur. by which Judge Lantlis' original
decision imposing fine OF $29, 900, 900
against the Standard Oil for accepting
rebates from the railroad companies
was reversed. In the supreme court
the case turned largely upon the right
Of the court to interfere in view Of the
fact that the case had been passed up
Oh by the court of appeals. the gov
ernment contending for such privilege
as u right, while it was urged in be-
half of the Standard that the prece-
dents were all against such q proceed
ing. The action Of the court consisted
IN the announcement that the govern
ment's petition would not be granted
The effect of this announcemcn will be
20 leave standing the decision of the
court Of appeals which was adverse to
the government and favorable to the
company
The courts announcement of the re-
suit ii it's decision not to entertain
the case was the barest Formally. No
reasons Whatever were given and the
determination of the court was stated
along with a number of other cases of
comparatively little Importance. The
chief Justice simply announced in so
many words that the petition for GER
tiorari was denied. Under this ruling
The case Will now go back to Judge
Lands couTt for new trial, in accord
ance with the court Of appeals.
II is presumed that Judge Lands
will again personally conduct the trial,
but should he so cesire it is entirely
within his discretion to request anOth-
er judge of the same district to hear
the case
Tho supreme court OF the United
States today reversed tho decision Of
the United States COURT for the south
ern district of New York in the various
cases against the Consolidated Gas Co.
of New York City.
The cases involved the validity Of
the New York state laws OF 1905 and
1906. the latter of which fixed the price
of gas i'm New York City at 80 cents
per 1000 cubic feet. The action was be-
gun by the Gas GO. in the circuit court
in the shape OF a prayer for an inJunc-
ton against the enforcement OF the
law ana the injunction was granted
by that court on the ground that the
terms of the law make it conflscatory
Of the property of the Gas Co, the
rate fixed being below reasonable
price. in the opinion of that court Jus
tice Ieckham delivered the opinion to-
day. overruling the lower court. The
effect of the decision is to declare the
law constitutional.
The supreme court today dismissed
the case of Oscar Reid, one Of tho
negro soldiers summarily discharged
by the President on account of the
Brownsville riot, holding that the
amount involved was not sufficient ro
justify the bringing Of the case to tho
supreme court.
Justice Holmes decision was purely
technical and dealt almost exclusively
With the question whether the act of
1891 relating to appeals. repeats the
law ilNiis5 SoUUU ilS tIe Unit LOT SuCn
cases as this coming TO the court on
writs Of error. Reid's claim was for
1922
Justice Holmes took cognizance Of
what he characterized as hint at
dissatisfaction with the government
for raising the point as to Jurisdiction
of the court" and said:
jurisdiction is not a matter Of SYM
pathy or favor The courts are bound
to take notice of the limits of their
authority and it is no part Of the de-
PENDANTS duty to help in obtaining an
unauthorized judgment by surprise.
'"rhc right Of the President a. COM
rlanderin-chie Of the army to dis
charge without honor the Negro SOL
diers Of the 25th Infantry, who were
50 discharged because they were
charged with responsibility for the az
fray at Brownsville. Texas, on the
night of Aug. 49, 1906. was really in
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