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The Commoner.
'AUGUST , 1907
much public Interest as did the presence of John
D. Rockefeller and other officials of the Stand
ard Oil company in the court room on July 6.
The crush was so great that a large force of
deputy marshals had much difficulty in control
ling the crowd that was anxious to force its way
Into the court room. The government was rep
resented in the court room by United States Dis
trict Attorney Sims and Assistant District At
torney "Wilkerson. The attorneys who tried the
case for the Standard Oil company, John S.
Miller, Morltz Rosenthal and Albert D. Eddy
wore not present, the company being represent
ed by Merritt Starr, a partner of Mr. Miller, and
Chauncey Martyn, from the office of Mr. Eddy.
Under the seven indictments still pending
against the Standard Oil company an additional
fine amounting to $88,440,000 may be levied
against the company, if it is found guilty on
trial. There are in these seven indictments, a
total of 4,422 counts."
TWO DAYS AFTER Judge Landis assessed
the big fine against the Standard Oil com
pany the Associated Press carried a long dis
patch from which the following is taken: "Sig
nificant revelations are made public in a report
submitted to President Roosevelt by Herbert
Knox Smith, commissioner of corporations con
cerning the operations of the Standard Oil com
pany. In a previous report the means and meth
ods of the Standard were explained. The pres
ent report sets forth the results of these meth
ods' and the effect they have had on the con
sumer of oil and on the 'profits of the Standard
Oil company. Commissioner Smith says: 'The
Standard has consistently used its power to raise
the price of oil during the last teji years, not
only absolutely but also relatively to the cost
of crude oil.' The Standard has claimed that
it has reduced theprice of oil; that it has been
a benefit to the cofisumer; and. that only a great
combination like the Standard could have fur
nished oil at the prices that have prevailed.
'Each one of these claims,' says Commissioner
Smith, 'is disproved by this report. The in
crease in annual profits of the Standard from
1898 to 1904 was over $27,000,000.' The re
port says: 'The total dividends paid by the
Standard from 1882 to 1906 were $551,922,904,
averaging thus 24:15 per cent per year. The
dividends, however, were much less than the
total earnings. It is substantially certain that
the entire net earnings of the Standard from
1882 to 1906 were at least $790,000,000 and
possibly much more. These enormous profits
have been based on an investment worth at the
time of its original acquisition not more than
$75,000,000.'"
f OVERNOR SWANSON, of Virginia, in a
JC newspaper interview denounced the at
tempt of Judge Pritchard of the federal court
to contest the law-making power of a sovereign
state. A Richmond dispatch to the Chicago
Record-Herald says: "The governor says the
railroad rate situation in Virginia is 'different
from that of North Carolina, as no law estab
lishing rates in this state has yet been perfect
ed and the paramount authority for fixing rates
is vested in the corporation commission, which '
Judge Pritchard recently enjoined from publish
ing its order for a uniform two-cent rate. The
governor says that under Judge Pritchard's in
junction the commission was prevented from
'perfecting the third act necessary to fixing the
rate,' (publication thereof), and that thus there
is no two-cent law in Virginia today. 'Under
the constitution,' said Governor Swanson, 'in
order for the cemmission Lj fix a rate it must
take three necessary steps viz.: give notice to
the transportation companies to appear; second,
give a hearing and enter an order; third, pub
lish the order four weeks before it can take
effect. The order of Judge Pritchard in the Vir
ginia case is outrageous. He says the fixing of a
rate by the corporation commission is a legisla
tive act, and yet he restrains this legislative body
in Virginia from doing what is absolutely neces
sary to complete an act of legislation under our
constitution. The corporation commission is
paramount to the general assembly of Virginia
In fixing rates. If Judge Pritchard can enjoin
the corporation commission from performing its
duties in fixing a rate and completing it, he can
enjoin the legislature he can enjoin congress
from passing laws until he has examined and
ascertained whether they are, in his judgment,
Just and constitutional. If this rule or order
of his is permitted and sustained, it means the
destruction' oMegislative bodies and means that
they shall become subject to the courts. It
means the destruction of the very foundations
of free institutions. I have favored and continue
to favor ignoring this order of Judgo Pritchard,
prohibiting tho corporation commission from
publishing their order, as required by the con
stitution, and I am in favor of tho publication
proceeding and the act being completed as re
quired by our constitution. To acquiesce In a
federal judge arresting tho legislative body of
a state in their processes of enacting legislation
Is destructive of state sovereignty and all free
institutions. This order , of Judgo Pritchard
makes the Virginia case broader and far more
important than any question of passenger rates.
The members of the corporation commission aro
prepared and willing to proceed with publication
or to do anything else that Is necessary to vin
dicate their rights or to attain tho purposes de
sired. The delay in action has been to enable
counsel to look Into tho matter thoroughly, and
to reach a definite conclusion as to what they
think the best and moBt advantageous course for
the state to pursue. The rights and dignity of
the state will bo maintained to the fullest ex
tent. When tho two-cent rate is perfected by
publication and becomes oporative in tho state
It is my purpose to see It enforced and to do this
I shall exercise all the powers possessed by mo
as governor.' "
THE NEW YORK World has made an investi
gation and has concluded that the Roose
velt administration through appointments made
by it dominates federal judiciary to this extent:
"Supreme court, three associate justices, one
third of the membership. Circuit court, twelve
of the twenty-nine judges, or 41.7 per cent.
District court, forty-two of the eighty judges,
or 52.5 per cent. By the end of his present
term, March 4, 1909, it will have been possible
for him to appoint: Seven of the nine justices
of the supreme court, nearly 78 per cent of that
tribunal; seventeen of the twenty-nine judges
of the circuit court, or nearly 59 per cent;
forty-seven of the eighty judges of the district
court, or nearly 59 per cent. Should ho bo
elected for another term, ending March 4, 1913,
it will be possible for him to appoint judges
as follows: Eight of the nine justices of the
supreme court; twenty of the twenty-nine
judge's of tho circuit court, or substantially 70
per cent of its membership; fifty-one of the
eighty judges of the district court, or substan
tially 64 per cent of its membership."
AFTER HIS acquittal in the trial at Boise,
Idaho, William D. Haywood made this
statement: "I appreciate tho support extended
to us by workingmen throughout the country.
I hope to be able during the coming year per
sonally to express that appreciation. I have no
ill-feeling nor ill-will toward any person. I am
charitable toward all. My intention is to go
back to Denver and take up my work where I
left it off when I was placed under arrest. I -appreciate
the kindness and consideration with
which my family has been treated by the people
of Boise. I appreciate, and in so stating ex
press the sentiments of my companions in jail,
the courtesies extended to us by Sheriff Hod
gins, his deputies, and former Sheriff Moseley.
As to the outcome of the trial I have never
had any fear and would have expressed the same
belief I expressed when first arrested that is:
'With a fair trial and an impartial jury the
verdict would be such as has been given to the
country.' Senator Borah treated me most fairly
and I appreciate it. Judge Wood was eminently
fair to me and I have extended to him my thanks
for his treatment of me during the ordeal of this
trial. I do not in any way blame Governor Good
ing for the position he took. In closing I wish
to express appreciation of the wonderful sup
port given to me by the presence in the court
room during the trial of the representatives of
labor, industrial and political organizations."
REFERRING TO the verdict at Boise, Clarence
Darrow, attorney 'for the defense said:
"The result Is a triumph for the cause of labor
and a proof of the inherent justice of the Amer
ican people. Mr. Haywood was brought from
Denver, 1,500 miles, into a community which
was alien and hostile. For a year and a half
the local papers had been busily teaching the
public that Haywood was guilty. This senti
ment was so strong that the legislature had
passed two or three acts to expressly affect this
'case, one allowing ten challenges for the state
against five under the settled practice from the
time courts were established in Idaho. In draw-'
ing the jury all members of labor unions.and all
wageworkers wore- carefully excluded. The
jury was made up mainly of small farmers. Most
of these had some acquaintance with ex-Goverrior
Stcnnonborg. Practically all of them had somo
opinion va to tho defendant's guilt at tho time
they wcro sworn and this opinion was urtfavor
ablo to Haywood. That an acquittal was so
cured under theso circumstances Is almost proof
poslth of tho Innocence of tho defendant of tho
horrlblo crimes laid to his door. Colorado and
n part of Idaho havo been living for a number
of years in a state of industrial war. Tho mine
owners have stubbornly resisted organization
and fought the minors at overy turn. Although
I nevor have believed and-can not bollovo that
the Westorn Fedration of MinorH or Its officers
wero responsible for any of tho crimes charged,
still both mine owners and minors havo com
mitted acts of vlolcnco and disregarded law.
Tho anger of one has only inflamed tho anger of
tho other. Wiso people should try to learn n
lesson from tills groat struggle and each side
to ondoavor to recognize tho.othor and lay nuldo
past differences and,, live and work together In
tho development of the west. The wine coun
selor on olthor side will urge conservatism, mod
eration and toleration for the future."
WRITING TO THE Now York Evening Post,
Froderlc Almy, of Baltic, N. Y., says:
"In your Issue of April 18 you suggest that
Lord Cromor's wonderful success In lOgypt 'may
bocomo tho best object lesson tho world has had
that no government, howovor admirable, Is so
good as Bolf-governmont.' It seems to me ,that
this losson is human as woll as national. Tho
Georgo Junior Republic, for instanco, demon
strates that with hoys, as with races, character
is bettor formed by liberty of choice and tho
natural consequences of mistakes than by tho
military methods of most reformatories. A mili
tant civilization is as bad as a militant Chris
tianity. Civilization by contact and civilization
by commerce are good, but civilisation by com
pulsion or by conquest devolops dependence, as
woll as rancor and reaction. For this reason
India and Egypt, under tho most Intelligent tute
lage tho world has over known, soom to be less
fit for solf-governmont than tho republics of
Contra! America and South America."
BISHOP FALLOWS, of Chicago, delivered an
address at the dedication of tho, HVck -,
Memorial monument for the "Wisconsin soldiers
of the civil war. On this occasion Bishop Fal
lows" urged tho building of tho strongest navy
and the training of two millions of soldiers for
tho policing of tho world and for tho fighting
of tho battles of righteousness against millions
of people fired by lawless ambition and the lust
of conquest. He said: "Maudlin and unen
lightened sentimentality may dream of Immedi
ate world-wide peace, but there Is many a holy
war for liberty and righteousness yet to bo
waged, and there are a thousand millions of
people fired by lawless ambition and the lust
of conflict who must yet be reckoned with by
the civilized, Christian people. It Is next to high
treason to weaken by word or deed tho tenacity
of the iron molecules in the martial blood of our
American youth."
COMMENTING UPON Bishop Fallows' sug
gestion the St. Louis Post-Dispatch says:
"Is the golden rule a delusion, a fiction of 'maud
lin and unenlightened sentimentality?' Is Chris
tianity, tho essence of which is lovo for our fellow-men,
a fallacy? Is civilization founded upon
justice, good will, peace, a farce? Are we tho
agents of Providence charged with the duty
of destroying all those who do not conform to
our standards of righteousness? Can human
brotherhood and the principles of Christianity
be established In human hearts only with tho
sword? Is destruction or instruction, kindness
or force, the instrumentalities for the promotion
of Christian civilization': If our only hope of
regenerating the world lies in armed force, as
Bishop Fallows seems to think, then all that
we have suffered, all that wo havo learned, all
that we have done for the promotion of Chris
tian civilization is in vain. The golden rule is
Invalid; evil is not to be overcome with good,
but with evil; the message of peace and good
will to men Is meaningless; the soldier trained
to slay and the nation armed for destruction
of other nations are the only moral forces.
But why pursue the subject further? That the
worn-out fallacies of the doctrine of force which
barbaric militarism has preachdd should be re
vived by a professed disciple of the founder of
Christianity, is appalling, i: jingoism is a crime
in those who do' not profess the doctrine of tho
supremacy of good and the omnipotence of love
what must it be in the leader of those who do
profess this doctrine?" , ,
Wl1lilMfifil1TP'OT"f
V LV.tfc'UAitA.
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