The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1909-03-12
Standard Oil Acquitted as an innocent

The collapse OF the governments case
against the Standard OH Company Of
Indiana is one Of those extraordinary ex-
amples OF the administration OF justice IN
this country which arouse popular criu-
cism and distrust OF the courts. Either
there has been some remarkable legal
and judicial laundering in this case, or
Justice has fallen between two stools.
citizen. who cannot help thinking there
is something wrong about a judicial sys-
TEN which produces conviction and the
imposition of a S2s.OO0OOO fine at one trial
and acquittal at another. Between these
extremes. probably. lies the truth. but our
courts cannot get at it. They are tied up
with highly technical rules OF evidence.
presumptions Of innocence, reasonable
doubt and all the rest OF It, that make #
so difficult TO convict criminals having at
their command unusual financial and legal
resources.
There were two rates on oil between
the Standard Oil shipping point near Chi
cago and East st. Louis. One was IS
cents and the other cents. The first
was a class rate, and the second a com
modify rate made for big shippers. II a
small shipper asked for the rate on oil to
East St Louis he would be given the
class rate; the Standard Oil Company en-
H. = 80
it was the only shipper OF oil. Both rates
should have been published and fled with
the Interstate Commerce Commission. The
governments contention is that the higher
rate was so published and fled. but that
the lower rate was not, and hence was
unlawful. To accept an unlawful rate IS
criminal offense, and Of this offense
the Standard Oil Company was found
guilty in Judge Lands court. The Court
Of Appeals thought the evidence INSULT
cient and reversed the verdict. Upon re-
able TO supply evidence that would come
within the ruling Of the higher court
They could not prove beyond reasonable
doubt that the 1S-cent rate was the legal
rate. nor could they prove that the oil
company, had knowingly accepted a rate
lower than the legal rate. because it could
not be presumed that the traffic manager
Of the company knew there was any
other than the scent rate. As counsel
for the Standard Oil Company puts it,:
mo legal rate was in existence at the
time the alleged concessions were re-
ceived by the Standard Oil Company
Therefore, the Standard Oil Company
committed no legal OF moral wrong in ac-
cepting a scent rate
In the maze Of contradictions and of
legal technicalities involved in this case
it may be that there are number Of
points regarding which honest men and
honest judges may differ. Judge Lands
thrashed his way out Of the maze by dis
carding some of the teehnicaI:ties and
|endeavoring TO get at the probabilities
Of the situation. He refused TO believe
that a concern ike the Standard Oil
Company, which had been accepting re-
bates all its life. was so ignorant Of
freight rates on the railroads connected
with its refneries that its officers were
unaware that they were getting an ex-
ceptionally low rate on their west-bound
traffic. Instead OF presumption OF in
nocence. he substituted presumption Of
knowledge that they were doing wrong
"a presumption that is by no means vio-
lent in the case of hardened offender
His substitution was strongly disap-