Deseret Evening News | 1908-01-20 | Page 3 | Commissioner Smith Vs. the Standard Oil Co.

I Commissioner vs The Standard Oi Oil Om CO T TI i From the tle Railway World Worle January 3 1908 1908 air Mm 1 Herbert lL Knox nOX Smith whoso C seal anal In Ia the lie tle cnut e It I n reform 1 lorm 1118 bo bon bonn n In no Ito wIse abated by 11 l t C which ho Ito audHIa kInd did no so much to bring on n mi 1 Is out ot with nn on answer to tl President lOut dent d lt of or the Iho Standard OH Oil 01 company ot of mill Indi Indiana ana aim Tint l publication of ot this tIlls answer IL II IB II I om lllY given out uan WS delayed weeks w fur for fur bust bual bUil ilet lel reasons because C It II was W B not lut ito blo bitt to l Luther further excIte the publio mind which Was iras 11 profoundly disturbed by 13 h tim the crisis Now storm atonal clouds havo hlO rolled by luy 11 however tho the ru rushes l tn Into the frily fl flOur Our I that Iho the chief p In Inthe time the of or Uia tite Standard OH OIl 01 company ns as IS pro pre presented by President were VeN 1 that hiLt tho thin rate Il 10 of C a I cents cell on Oil 11 oil oi tf to im 1 lIt fit louls had been Issued la lell to lou OH Oil 01 ns 1 the lawful lu rate into by b of If the Alton Allan 2 that thaI lie II rate te on 01 tile file fa with Hi tIle comm rte was vas WIS a a class clu s and not hOt a Ii I com commodity com rate Ite never nO being Intended to to oil oi 3 that lint oil 01 ins shipped in II large qUantities beUve n Whiting anti ald Kist 1 St SI Louis Loul over the Chicago and Eastern 1 Illinois at dt ft 0 G Gt i rents cents per hundred which has his ben been b tiled filed wih the tho lh Interstate us UI the thE lawful rate and Uld 4 that slip hp t 1 Cot cent rate rat on oil 01 was w s entirely out Olt of to rates on other othel commodities these the n points of a chII and tind Id of or greater grenter Iu RUch for or e eIJI H HI Ms oil nil 01 tile the rate rat 1111 on oil which Ri S President Moffett also 0 stat nl tal M luSt hit thou of tons ton of ot freight had been cent by other h en n these the points under r sub nub uh w the tho leVine Kum condItions its 3 the tho shipments ut Q t the tho Oil 01 company This Standard OH 01 company wm was WA and has hA undoubtedly exerted excited H it upon the tho public mind Natural Naturally tl I II ly I the tho administration which has lias staked the thu of UK 1 the upon tho th re ie rel suit l attack upon this company cOl pan endeavors to offset off ct this influence and brace the thu now new deliver deliverance ance of ot Commissioner Co Smith We e need hardly to point out omit that thaI his Itis rebuttal argument is weak although as strong no doubt as lIS the circumstances would warrant He lie answers the points made anae by President substantially as follows 1 The TIme Standard Oil Oi company had a n traffic department and should hive have known that the Iho rate haul had not been filed 2 S Sno no 10 answer 3 the Chicago and anti Eastern Illinois rate was 18 a I ii secret uret rate because it read rad not from but from Dolton DoHon which is described as lS a I village of or about bout 0 1500 lLO population Just outside of ot Chicago Its Is It only claim to 10 note Is that It has b ben benfor en for many years lears the point of or origin for tor this similar secret rates Inte The Tho he commissioner admits In describing this rate ruto that there was a 11 note attached aU stating that thaI the rate could also be b used front flom Whit Whiting fag ing InS Tho press lies has quite generally hailed balled this state statement statement ment of ot the lie commissioner of oC corporations as al a I con conclusive conclusive elusive refutation of ot what Is evidently recognized d das f fas as the strongest rebuttal argument advanced by bythe byth bythe the th Standard In fact t cl It I Is iii as ns weak and Inconclusive as al the tho re of bitt hil argument lt rho Tho linen of or tho the Chi oa eago o and tint Eastern illinois do 10 not lot run TUli un Into Chica Chicago go 1 terminate at lt Dolton nolton from which point entrance In Ix made mado ludo over oer tho ho Belt Bolt Line whore the oil ul freight frIght originates Is 1 not noton not noton on tho the linen lne of the thu Chicago and Eastern J Illinois which receives ves its I Whiting freight train from the tho Hell lino Ino ut at Dolton ton Tho rim fh former practice cloe now now diM dis discontinued continued in fIlIng tariffs was wun tr to to milka thorn thom read rI from a I point on in tho lino Ino of or the lie liling Ing road oad and ld It was WM also general genall to on ot the thu name sheet that thu tho tariff apply to other poInts e 0 g ir Whiting The Chicago und and lantern l Illinois followed this thi is In filing Hn its Il rate rato from and Making a u note noto on lee that lint It applied to Whiting Thin was waR In 1805 when this method ot of tiling filing tariffs was in n use ue Now No let leL us see Seo in lit way tho ship shipper per lIeI of ot oil oi could bo milled ml and deceived by b the thio fact tut Chicago aunt and In I aMI In Illinois lurd nol flat filed fed a rate reading rending fro mo tn m li ioner Ilo r Smith contends that concealment Con Is the only motive for tor such n U circuitous arrangement 1 u e that this method of or filing the rate Ialo was UK In lui Intruded to mislead Intending competitors col of ot or the th OH 0 I II COmpAn Suppose such a I prospective LIVe tive 11 oil 01 to re liner had hud applied to the tho Interstate Commerce Commission for tal the tho rate Ioto from rom Chicago to l last Kast l a t St Louis Lotus over the tho Chicago and Ulem Illinois 1011 be lie would have hav been Informed that theon ly h I rato rate flied Hied Iler with lh the commission by h this lila was 11 6 cents cen ts from front Dolton Dolon mid and he lic would have been further t I Informed If indeed ha lie ltd did not know kio this thil already that thaI this tl rate applied throughout Chi Chicago cago territory I r ry So that whether ho un wished to 10 locito loca his plant at or anywhere else elst II I about Chicago o under an on arrangement of long hong and a nd which applies to tn nil ull ul lie HID tul Industrial towns tOWI in tho hi a neighborhood of Chicago lio he 10 could have havo his f freight delivered over mer the tho Delt Line to the Iho Chicago IO and nr Eastern Kastern Illinois at ot Dolton and 11 transported 10 East Et St Louis nt a n rate of 6 cents cent Where then Is la the tho concealment which tho 1 of ot Corporations makes ls so HO much of of Any An All rate n from Dolton Dolon on tho ho or 01 Chappel on tho Alton Alan or Harvey on the Illinois Blue Island on Oi the Iho Rock lok Island applies apples through throughout out territory to shIpments trout from rom Whiting as nl to shipments sl I pi from any other othol point In the this dis district riot So tar far t Ir from froni the thin Eastern Illinois filing Its 11 rate ruto from Dolton Dulton In order to deceive tho chipper It Is the tho Commissioner of or Corporations who either betrays hl hIl gross Ignorance of at transportation J us loins toms In Chicago territory or relies on thu tho public Ignorance of o these customs to deceive the public too tOt apt allt to accept unquestioning every statement made by a I government official as us necessarily true trul although as ns In the present Instance a 1 careful examination shows those these statements to bb bt false falsa Tho The filial point made by b President that other of or a a diameter character similar lo to oil JI were carried er at much lower rates than IS 18 cents cent the Commissioner of or Corporations discusses only with the tho romark that thief tho the reasonableness of or this rote rate rte Is not In question queston Tho The question Is whether this lila rate rute constituted a discrimination as us against other othel shippers of ot oil ohl 01 and ho hc also makes much of the failure talu re of or President Moffett to lo produce be before before fore foro the tho grand Jury jUI evidence 1 of ot the tho al ni alleged I legeti illegal l gol acts ot or which the tho Standard OH 01 ot FaIth Uld that lint th at other largo large shippers r In itt 11 the in territory t iJ h boen guilty Considering tho tito fact fac that these thee the e tho tite packers and ond elevator men lel i of ot Chicago io tho tue notion action lelon ot at f tIle the grand Krand Jury In calling Upon Ir shi it nt to t furnish of ot their f wrongdoing k may be ho b Interpreted as 01 a I demand deman for far fortin for farmon tin mon elaboration of ot ot the time obvious hut but hit Ilc lie tot fueL that a 3 f containing thieo freight raVos lIil for Cor oth 01 other f for or er Ir shippers was W J offered In lii evidence during the trial if iF antI ruled out ut by y Judge Landis was WM kept out of o t sight Pro Moffett would not lot of o course ourse Ito 1 f lie tho invitation of or tho the grand Jury although lie lio 5 V might been beon pardoned If ho he had referred inferred theat theatto Ulel to 10 various Investigations by tho the Interstate Commission and other of oJ the Iho govern bent ment bento Wo Vc o conic como back to Lo the conclusion of ot the whole matter batter which Is that the Standard OH Ol i company com pan of Indiana was Ol fined an equal x lu iti wen seven or eight times the value of ot Its II entire prop nty rity ly because u its It department did not verify elty j lie statement lt ot of the Alton Alon rate Tte clerk cleric clerk that that the J I commodity into on oil all had hind been bon properly fUnd filed fed with i ithe the time Interstate Intel talc commerce commission There Thoro Tore la is I no 4 t evidence and amid none was 18 Introduced at lt tho the trial Wat that any an shipper of ot oil oi from tron Chicago territory had hUlt t been men interfered d with wih by the rate not nor that thc tho the failure ot of the Alton Aiton Alon to lila I Its Il rate rato nad 11 1 instilled In ny II allY any Inde Independent In e pendent we must take this on oti Oi the thc word of or tho th commissioner ot or corporations and of ot l Nell r I Is III It denial oven en by Mr Smith Sn th limit lul tho the Independent shipper of Or oil 01 whom ho lie r pictures as a being driven out ont of ot business bushiest by this discrimination or of tho Iho Alton lof could have hava shipped d alt all I the tho oil 01 ho desired du hel to ship from Wilting via viI Dollon Dolton Dolon 1 over Oter the ito lines hues ot of o th th the Chicago unit and Eastern astern IllInois 1 I nol Vi to East St Louis In short PresIdent Moffetts j defense o Is still gould good and we predict will be so IO de ae declared by b Ute tho com t t iX Tho The Standard Oil 01 company com puny luis has been charged cd 4 with wih nil all al manner of o es and misdemeanors Beginning Be lie l ginning with wil the famois illco Itco of or Marietta Irleta pass poss passing l lIng ing lug down to that hint apostle of ot popular Honry Henry f Demarest Lloyd with hi hh i Wealth Against the Com Coma Commonwealth 1 descending de by easy cosy stages to Miss lES Tat Tar 1 offensive personalities we wo dually reach rech tho ho nether depths of or unfair mid and baseless s misrepresentation tation alion in the Iho report of ot thin the commissioner of corpora corporations TIm The Standard lets has his been charged cu with every over 8 form torm of commercial piracy Ime and amid with wih most ot of tho the crimes on tho Iho corporation calendar After long Ions long r years of oC strenuous attack atack under the Its leadership ot ur the tho president of o the United States late tho the corporation Is at last dragged drag od to tho thin bar ot of justice Justic to answer for tor Its It II misdoings The whole strength of ot the tho gov government is I ii It ft I and ana at last wo we are aro told the tho Standard OH Oil 01 company Is I to pay the lie port pen I I alt of at its crime crimes and amid It Is II finally convicted of ot j having having tailed failed to verify tho lie statement of ot a I rato clerk clork cerk and amid il h forthwith lined u a prodigious Hummes by b the thi th car Under tho ho old ol criminal law I w the tho tho theft of ot property properly worth more moro than a shilling was wan punishable by bV death deah Under the interpretation ot of tho time interstate commerce law by Theodore Roose Roosevelt Volt velt and Judge Kenesaw Landis a a technical error 1 of ot u tL I is made mado tho th excuse for tho the con eon of at a 11 vast ast amount of o property