W5r5t!!M?wnww93K!?
AUGUST, 18, 1907
The Commoner.
15
In Anglo-Saxon jurisprudence. The
court,, in the absence of anything to
the contrary, paying- no attention to
the gossip of the street or the
charges of the mob, and guided by
the fundamental law of the land,
must certainly presume the complete
innocence of this .defendant of any
prior violations of the interstate com
merce law, and fix its penalty, if
any, solely upon the record in tills
case.'
general shipping public; where the
convicted defendant's transportation
affairs were in the charge of an ex
pert traffic official of at least ordi
nary intelligence and many years
railroad traffic experience, and who
was a frequent visitor at the genorai
freight office of the railway com
pany; where the unlawful rate was
shown only by a paper appearing on
its face to be a special billing order,
and which directed that settlement
for service rendered at the rate
which it authorized should be made
through the railway company's aud-
"And again: 'If the occasion,
however, shall ever arise in an oppro-
pnate proceeding, were ui u- Ijtop,B ofnco instead of at the rnliway
fendant can without any waiver of atatlon or freight offlc0f a8 Is donc
ject itself to an investigation of its
having heretofore violated the inter
state commerce law, it will avail it
self of that opportunity, and it will
certainly appear that since the pass
ing of that law there has been no vio
lation of its provisions by either the
Standard Oil Company of Jersey or
by this defendant; but on the con
trary it has been the fixed policy
of these companies since their or
ganization and the passage of the in
terstate commerce law to strictly ob
serve not only the letter but the
spirit of all interstate commerce
laws, and that such laws have since
their passage met with' the entire
approval of the administrative offi
cers of these companies.'
Calls It "Insolence."
"Waiving the question of the
studied insolence ot this language,
insofar as it may be aimed at the
present occupant of the bench, the
court can of course only leave to the
discretion of the Standard Oil com
pany the wisdom and propriety of a
hundred million dollar corporation
gratuitously inaugurating agitation
about the 'mob.' The point of this
incident is that when in compliance
with defendant's previously ex--pressed
reservation the court offered
to hear evidence going to the ques
tion of the Standard Oil company's
prior good behavior, an offer which
was announced by the court in the
presence of the president, vice presi
dents and secretary of the Standard
Oil Company of New Jersey, their
counsel, after conference, declined to
present any witness to testify on this
subject, choosing rather to stand up
on the law's presumption of inno
cence. .Of course, on the trial of a
defendant for a specific offense this
presumption is indulged in favor of
that defendant as to that offense, but
where, as in this case, the crime
charged was the acceptance of a
preferential railroad rate, in viola
tion of a law that had been on the
books for nearly twenty years; where
during a period of eighteen months
nineteen hundred carloads of prop
erty were shipped at an unlawful
rate, which amounted to but ont
third of the rate available to the
by the general public and where the
defendant when brought to trial per-
I slstently maintains that the constitu
tion of the United States guarantees
to it the right to make a private
contract for a railroad rate, the
court is obliged to confess that ho is
unable to indulge the presumption
that in this case the defendant was
clonvicted of its virgin offense.
"The law prohibiting preferential
railroad rates was passed twenty
years ago. Its adoption was pre
ceded by vigorous opposition inter
posed by those who had been the
beneficiaries of the vicious practices
its enactment was designed to abol
ish. Immediately thereafter these
persons set about to devise means for
its evasion. The records of the
courts and of the interstate com
merce commission show the employ
ment of a large variety of schemes to
accomplish this result. During the
period since 1887 congress has re
peatedly endeavored to effectively
amend the law with a view to the
accomplishment of its great object.
Finally in 1903 the Elkins law was
passed.
Fine Not Enough
"The court recalls that at that
time the earnest hope was very gen
erally entertained that at last a
means had been devised that would
put an end to preferential railroad
rates, and yet, beginning a few
months thereafter, the Standard Oil
company procured 1,900 carloads of
property to be shipped at unlawful,
secret rate. And for this offense
the Elkins law authorizes punish-
though, has bullied many weak peo
ples into submission, and the United
States did something much liko bully
ing in appropriating tho Philippine
islands. However, Spain neatly bul
lied us out of $20,000,000 In that
connection. Cincinnati Enquirer.
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ment only by fine, an obvious de
fect. However, it Is tho business
of a judge to administer the law as
he finds it rather than to expatiate
upon the inadequacy of punishment
authorized for its infraction.
"It is the judgment and sentence
of the court that tho -defendant
Standard Oil company pay a fine of
$29,240,000.
"One thing remains: It must not
be assumed that in this jurisdiction
these laws may be Ignored. If they
are not obeyed they will be enforced.
The plain demands of justice require
that .the facts disclosed in this pro
ceeding be submitted to a grand jury
with a view to the consideration of
the conduct of the other party to
these transactions. Let an order be
entered for a panel of sixty men re
turnable at 10 o'clock on the morn
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district attorney is directed to pro
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VOLUME; VI "THE COMMONER
CONDENSED"
A DIFFERENT THING
"I suppose all you boys In the
country liere," said the city boarder,
"are fond of bathing in the creeks
and ponds."
"Waal," replied the country boy,
"not when you call it that."
"Call it what?"
" 'Bathin';' the only thing we care
for is swimmin'." Philadelphia
Press.
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along a gooa many years wiui a Dactc-i
boneless government. Great Britain",
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