Jasper County Democrat, Volume 10, Number 19, Rensselaer, Jasper County, 10 August 1907 — “SOAK" THE TRUST [ARTICLE+ILLUSTRATION]

“SOAK" THE TRUST

Judge Landis Has the Distinction of Having Assessed the World Record Fine. OYSR TWENTY-NINE MILLIONS He Also Roasts the Rockefeller Combine for Total Depravity. HE WOULD LIKE TO JUG SOMEBODY Sturt* a New Grand Jury Investigation That May Vet Land Some Big Fish Where He Want* Them.

Chicago, Aug. !i. —The heaviest fine In the world’s history—s29,24o,ooo— been imposed by Judge Landis, of the United Slates 'district court, on the Standard Oil Company of Indiana, a branch of John D. Rockefeller’s great corporation. The maximum tine of $20,000 ou each of 1,402 counts charging violations of the federal laws gov-

emihgthe accepting of railroad rebates was assessed. Tills vast sum of money Is not to be paid without protest, however. Attorneys for the oil corporation announced their intention of perfecting an appeal to the Tinted Slates court of appeals, and from there the cose will go to the federal supreme court. And There's Worse n-Coming. Jt was also retailed that there still are pending against the oil corporation seven indictments like the one just disposed of. containing 4,422 counts. Should there be convictions on all these counts there would he possible additional flues of $8,8,44'1.000. Then Judge Landis added further to the troubles of the great trust by saying: “One tiling remains: It must not bo assumed that In tills jurisdiction these laws may he Ignored. The plain demands of justice require that the facts disclosed hi this proceeding he submitted to a grand Jury witli a view to the consideration of the conduct of the other party to these transactions. Let an order he entered for a panel of sixty men, returnable the morning of Aug. 14 at 10 o’clock.”

POINTS FROM THU DECISION How the Judge Replies to the Defendants Contentions. Judge Landis took up the contentions of the defense one after the other, and these are some of his replies: The defendant alleged that by authorizing common carriers to establish rates which, when published and filed, shall bo binding upon the shipper, the law delegates to the carrier legislative power which is conferred upon congress exclusively by a general grant in the constitution. This was dismissed with the comment that the supreme c*urt of the United States lias ruled adversely to the contention in several instances where the same question arose on state statutes. The allegation that the company had a natural right to make a private contract for a railroad rate Is met with the assertion that “candor obliges the court to say that he knows of nothing to support the proposition, hut the eminence of counsel who advance it," and the Judge holds that of the two parties to the contract one was a railway common carrier, that it was a public functionary, that It acquired Its property under the law of eminent domain, that property thus acquit ed must be used for the benefit of the entire public. The railway was fundamental ly incompetent to make n private con tract, the Judge held. In enforcing this view of the matter the judge declared that there was no more reason for the claim of a natura: right of private contract In such a case than there would be for the claim of similar right to private contract vvilh the collector of customs or a tax assessor for a secret valuation of property. ITie defendant argued that the commerce Involved In the case was not Interstate, the argument being that It was all In Illinois on the ground that for convenience In transportation JSTiltlng, Ind.. was included In the

Chicago shipping district. Judge Landis refused to accept this view, Insisting that as the oil was shipped from Whiting* which is actually in Indiana, to Bast. St. Louis whleh Is actually In Illinois.-the commerce was Interstate. An important point, one which actually decided "the size of the fine was the one involving the definition of a shipment. The Indictment charged that tiie oil trust had shipped oil from Whiting, Ind., to East St Louis, 111., at 0 cents per 100 pounds, when the rate filed with the interstate commerce commission was 18 cfents, and the dlctroent made every ear load a shipment. The company Insisted that the number of shipments should be governed first by the number of applications at the railway office for a rate, which was three; or by the number of bills rendered by tbe railway company, which was thirty-six; or by the number of train loads. The judge set asldo all these propositions on the ground that the rate was on a car load basis, and insisted that a shipment was a car lond, regardless of how many car loads were In the same train. So tbe fine was assessed on each car load.

ROASTS THE CORPORATION Declare* It No Better Than a Common . Thief In Conduct. In his utterances against the oil company preliminary to assessing the great fine, and nlso preliminary to the calling of the other grand jury, Judge Landis clearly expressed his belief that the Standard Oil company was no better than a common thief, emphasizing the position that he has taken throughout tbe trial. “The men who deliberately violate tills law,” said he, “wound society more deeply than lie who counterfeits coin or steals letters from tbe mall.” The company had pleaded that its traffic manager had inquired of the railway as to the legal rate for oil and was told that it was G cents, and that this rate had been filed with the interstate board. The judge refused to l>elieve that the company did not know that this statement was false, and insisted that it accepted the concession knowingly, thus charging perjury against the company’s witness. He also characterized as “studied insilence * * * aimed at this court” the request of the defense that lie pay “no attention to gossip of ttie street or the charges of the mob.” He also expressed regret that he could not under the law send the oil trust officials to prison. DOESN ’T-FHAZE JOHN' I>. Playing Golf When He Hears the New* and Plays Ahead. Cleveland, 0., Aug. s.—John D. Rockefeller, who, aside from Judge Landis, is the central figure in the Standard Oil history of today, was enthusiastically engaged in a game of golf when word was received that the Standard Oil Company had been fined $251,240.<Xi0. A message was banded to him telling of tile big fine that had been assessed against the Standard Oil Company. As lie stood and read the missive, scanning it with almost, a rueic glance, not a muscle of his face twitched in a manner that would indicate any feeling. Not a word did he speak regarding the news. Absolutely nothing transpired that would indicate that he was angered or even annoyed. Later Rockefeller stated that lie would not discuss the action of the court in even the slightest degree for purpose of publication. After reading tile message Rockefeller resumed his game, laughing and joking as he played with even renewed energy, and won a victory from his opponent. After reading the telegram the first words Rockefeller uttered were: “Well, shall we go on, gentlemen?” and he proceeded with all deliberation to drive 100 yards. After a hit some one mustered up courage to ask: “How much Is It?” “Twenty-nine million, two hundred and forty thousand, the maximum penalty. I believe,” implied Rockefeller. “It is your honoz. Will you gentlemen drive?”

JUDGE K. M. LANDIS