-
The Commoner.
WILLIAM J. BRYAN, EDITOR AND PROPRIETOR
VOL. 9, NO. 10
Lincoln, Nebraska, March 19, 1909
Whole Number 426
Three Important Judicial Decisions
-' The decision of the Missouri state supremo
court barring the Standard Oil trust from Mis
souri, the decision of Federal Judge McPherson
rdeclaring the Missouri two-cent passenger fare
rand maximum freight rate laws to be confisca
tory and, therefore, non-enforceable, and the
decision of Federal Judge Anderson at Chicago
'acquitting the Standard Oil trust, occurred,
f practically, during the same week.
It will not be surprising, therefore, if the
American people are inclined to view these three
: judicial results together.
Is it significant that the only relief from cor
porate imposition, so far as concerns legislative
action, has been given through the legislative
machinery ' of the states?
Is it significant that the one judicial opinion
seeking to apply the law to a powerful corpora
tion that has seemed so inclusive, so complete
as to bring the powerful lawbreaker to a posi
tion where it is actually willing to beg for terms
was rendered by the supreme court of a state?
Is it significant that on this occasion, as on
other occasions, the decisions upon which those
great corporations depend for escape from pun
ishment are rendered by federal courts?
No more important decisions have been ren
dered than the three herein referred to.
To be sure the decision barring the Standard
Oil trust from doing business in Missouri will
be appealed to the United States supreme court;
but it will not go to that high tribunal in any
deceptive .form. T.he highest court in the land
will be required to bluntly meet the issue -whether
the people of a' great state the very power
that creates corporations have the right to
specify the terms upon which these creatures
of law shall do business within the borders of
the commonwealth.
While Federal Judge McPherson's decision re-
lated directly to Missouri', two-cent passenger
rate law it will, if sustained, affect all other
two-cent rate laws; for if confiscation may be
shown in the great state of ivfissouri certainly
it may be shown in other and perhaps smaller
states. Indeed there are already signs that rail
road officials are laying plans for an organized
effort looking to a restoration of the three-cent
rate .wherever the two-cent rate has been put in
force.
From a fine of $29,240,000 by Judge Landis to
a verdict of acquittal by .Judge Anderson is a
long leap even for the Standard Oil trust that
is quite accustomed to rapid passage above
yawning chasms.
Judge Anderson based his verdict of not
guilty upon reasoning as follows:
That the law in the case as announced by
CONTENTS
THREE IMPORTANT JUDICIAL DECISIONS
THE CONGRESSIONAL RECORD
AN HONEST LAWYER
CARNEGIE PENSION IN NEBRASKA
TWO VIEWS OF FAIRVIEW; MR. BRYAN
IN DEFEAT, BY RICHARD L. METCALFE
EDUCATIONAL SERIES DISSOLVING THE
"SOLID SOUTH' MR. TAFT AND
THE NEW SOUTH
PROBLEMS
PROSPERITY ITEMS . . .
A NEW VERSION
COMMENT ON CURRENT TOPICS
HOME DEPARTMENT . ,
WHETHER COMMON OR NOTf :
NEWS OF THE WEEK -
the circuit court of appeals governs and con
trols in the trial of the case and is binding upon
both court and jury and that this decision indi
cated that the government lad practically failed
to prove its charge.
That the government failed to establish the
very foundation of the charge against the oil
company in failing to prove that there was any
established or fixed rate of 18 cents between
Whiting, Ind., and St. Louis, and Chapoll, Ind.,
and St. Louis, a deviation from which was neces
sary to a violation of the Elkins act.
That the government In relying to prove the
eightcon-cent rate upon an unfixed, shifting and
changeable classification, In which only maxi
mum rates were named, and which classification
was prepared and fixed by the state railroad
and warehouse commission, which is a body en
tirely Independent of the federal authorities
regulating Interstate commerce, was relying up
on incompetent evidence.
That aside from the law and the insufficiency
of the evidence, there was a variation between
the counts in the indictment and the proof, and
that while the government charged one thing in
the Indictment It offered proof about an entirely
different thing.
That the fixed rates, assuming that even the
unproved elghteen-cent rate was an established
rate, had not been properly posted and pub
lished in accordance with the Elklns law pro
visions. The . Associated Press quotes "an Important
law officer of the government" as saying; "A
four-horse rebate team can be driven through
the Elklns law n,s It now stands after the de
cision of the United States court of appeals and
that of Judge Anderson in the Standard Oil case
at .Chicago. An attorney who could not protect
a' client from a charge of rebating, If those de
cisions are sustained, would not be worthy of
his hire."
This law officer pointed out that Judge Landis,
who Imposed the $29,000,000 fine upon the
Standard Oil company, held that it was the duty
of the shipper to make reasonable inquiry as
to whether the rate he was using was lawful or
not. Judges Grosscup, Seman and Baker of the"
United States circuit court of appeals, reversed
that statement of the law and held, substan
tially, that the government had to prove that
the shipper knew he was getting an illegal rate.
In the opinion of government officers that rarely,
if ever, could be done.
In this view Judge Anderson has not only
released the Standard Oil trust from all punish-
TI1E CONGRESSIONAL RECORD
The New York Evening Sun makes a timely
protest In behalf of the most Important govern
ment publication when it says:
"Mr. Taft's suggestion at the Carnegie hall
meeting for negro uplift, that perhaps his hear
ers read the Congressional Record provoked the
risibles of the audience. Nevertheless, the com
pendium of legislative proceedings to which he
referred could be read with profit by many
men who rarely or never see it, but profess to
take an intelligent interest In public affairs.
The inveracities of the Record, such as the post
delivery embellishment of speeches and the
publication of undelivered speeches under the
leave to print, are negligible in comparison with
Its veracities. Taken as a' whole, it furnishes a
quantity of useful information Indispensable to
an adequate knowledge of the workings of our
government."
A Commoner reader recently suggested that
the Congressional Record be made available
to every citizen at a stated price per year. This
' Is certainly a good suggestion. Instead of pok
ing fun at the publication wherein is recorded
the doings of the world's greatest legislative
'assembly, men who hope to participate in the
ment In this particular case but his decision,
followed by other federal judges, will mako it
Impossible to convict any one on the charge of
rebating.
When Judge Landis assessed the fine of $29,
240,000 against the Standard Oil trust there
were many who questioned tho policy of such a
large fine. There woro some who intimated that
it was a bit of demagogy on tho part of tho
federal judge who was brave enough to call to
account tho most powerful trust in tho world.
But nowhere, outside of tho pleadings filed by
tho attorneys for the trust, has any one ever
seriously contendod that tho Standard Oil trust
was not guilty of tho offense chargod against it.
The proof scorned so complete that a judge
whose ability aa a lawyer and whose character
as a man Js unquestioned assessed tho enormous
fine of $29,24 0,000. It was so complete that
public opinion which was somewhat divided as
to tho policy of assessing such an enormous fine
was practically unanimous in believing that tho
trust was guilty as charged. Yet In the light of
the opinion rendered by the court of appeals,
speaking through Judge Grosscup, Judge Ander
son is not only ablo to wipe out tho fine of
$29,240,000 but he is ablo to give a verdict of
acquittal a verdict that washes tho Standard
Oil trust "pure as tho driven snow."
Does any Intelligent man or women bpUovp
that tho republican managers would have, per
mitted, prior to election day, decisions which
destroys tho two-cent fare rate law and dis
charges the Standard Oil trust from accounta
bility for its lawlessness?
Does any ono believe that in the light of tho
tendency, of this day clearly showing tho utlor
indlfforonco to public opinion on tho part of
representatives of special interests tho work of
reformers is at an end?
Does any one imagine that popular govern
ment can be preserved for a long period of time
If this disposition to give license to corporate
lawlessness Is to continue unchecked?
Should not the very audacity of the champions
of tho trust system, the very contempt they
show for the public rights, encourage democrats
everywhere to renew their devotion to the cause
of the people? It is truo the people are generally
patient in enduring great wrongs; they are often
thoughtless In the presence of opportunity to
cure those wrongs; but always they are powerful
enough to crush the system that oppresses them
and, in all reason, they are human enough to
retaliate when their eyes have been opened to
tho solemn truth.
work of education ought to encourage a more
intimate acquaintance, on the part of the people,
with important periodicals.
. t.5 fcv t
AN HONEST LAWYER
In these days when so many lawyers stand
ready to accept a retainer on either side and
to present an argument in favor of any proposi
tion it is refreshing to find a man who is willing
to resign an office rather than enter upon a
criminal prosecution which he believes to be un
warranted and dangerous to the public.
Mr. Joseph B. Keallng, who resigned the office
of United States district attorney rather than
prosecute in the government libel suit, acted
well. Mr. Keallng would have found It em
barrassing to have remained in office with the
libel suit on his docket and, plainly, he Is not
the sort of man who could have made an argu
ment In favor of that unjust cause.
A word of advice to Mr. Taft: Instruct your
attorney general to dismiss these proceedings
against the New York World and the Indianap
olis News. Everything is to be gained by dis
missal; much Is to be lost by continuing a pro
ceeding, which is bound to terminate In a farce.
'4i
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