Eugene daily guard., September 10, 1908, Image 5

THL iH.fc.SK lu.LV GUARD. TIU KS.MV. SK
skitkmi:k 10, loon
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IF
tie to
i tried the services
: by the Merchants
Is! Eugene.
t in and talk over
I matters with us.
YOU should become
kite with us and
:xbtnc!itso( keeping
link account here.
lif
plKOMPP
acUbown
feed and
Stables
riV(,,,Li.
s.
Jceries
Stevens . Hulio Piano House
Commercial Club Block
Opposite Methodist Church
Off The
List
Residence, 5 rooms, well
230 feet deep, new house,
3 lots, good furniture, on
car line, all for.. $2100
Residence, 9 rooms, modern,
plastered, lot 84x(72,
H ?'"- "" JJ
j Fourth lot west of Geary g
school $375cash'"
JJ .
tZ Ten lots on College Hill,
-,-J ,t, j i .
and on tne north side of
the hill $1500 ii
ii 15 acres, house and barn
4 blocks from car
line
$2600
96 acres, 3 miles from court
house, fair house and
barn, per acre $80
Ji
The
Real Estate
Exchange
Suite 3 and 4,Colman, Bldg
Plumbing
"
Furnish your new home
properly. Don't slight the
gas fixtures. We do all
kinds of reliable plumbing
Jnd tinning w-,rk. Call
and let -us estimate on
your work
Aya & Heitznun
34 West 8th St, o
Phone black) 117
e
G
OUR CARLOAD has arrived direct from
the Factory
Buying
many dollars to our customers.
Call and see our magnificent display.
DON'T BUY until you see us. (This
means money to you.)
STANDARD 0!L CO.
FILES ANSWER
f Continued from Paira One )
as is expressly shown in the opinion.
Counsel, with soieninuy, reiterate
what no one disputes.
"Thou say'st an undisputed thins
in suc'.i a s:)lVmn way,'
For re-aruin. with wealth of au
thority, st'iilrd principles which no
one controverts, counsel do not have
tin- motives t hat t hey have shown
that these principles have been vio
lated or disregarded by carrier or
shi pper in this case. The record
doe-; not sustain, but disproves any
such c nt"iition. There is n thinn
of inequality of rales as between dif
ferent .shippers, or of favoritism or
prel'erunce to this defendant or dis
crimination in its favor in the mat-
-tev (1f rail's, either averred or proved
j ;j;iP"rd- L"1 th,lt ,'"'t " k""t
-If this 'prosecution had involved
any rhargi or issue of that kind, with
respect to the 6-cont fate, or the shlp-
ments by defendant at that rate
whl(,h ..,; ere n q,,stini ,ht.
, fore counsel could base any argu-
.mem uion it, some clear proof on
!the part of the government must
have been presented to sustain its
side of that issue. For instance, if
lit was the fact, that the ti-cent rate
charged iieienuant was not open in
all. if while giving defendant the
benefit of the ti-cent commodity tar-
other shippers the same rate and
terms, or charged them the 1 S-rent
j or a higher rate, we should look for
; the government to present some
competent proof of that fact, or a't-
II tnniil so to do. Hut nothing of the
kind was done. The contrary is the
fact: the defendant is prosecuted for
; receiving the same rale as was open
'to other shippers under substantially
i similar circumstances and condin'ons.
and because it did n-'t pay a rate
three times as mm h as ether ship-
pers
have
in the Chicago .--witching would
been compelled to pay.
Again.
if the
i ISI I I III i 11.1-
ition or favoritism to defendant, or
I inequality of rates as between de
fendant and other shippers over tne
Alton, were an issue in the cas". it Is
plain that any evidence offered on
behalf of defendant which tended to
disprove that contention and to show
tho'. the 6-cent rate given to defend
ant was open to all. was admissible,
and could not properly be objected
to by the government or excluded by
the court. But such evidence pre
sented by the defendant to the court
and sought to have admitted to the
jurv was objected to by the govern
ment and excluded, and the door to
such pro. if was kept tightly closed
from the jurv. Knr Instance, llol-
ilnnds. the All-in Company's rate ouo
itation clerk, testified that the Alton
issued and bad in force in lSnn :
I commodity tariffs of the same kind
and character as the - commod
hty tariffs under whhli the defer, I-
ant's transportation in fines: inn ;,,k
j Place, and that in 1 '."4 'her" were
).t such comni-di'v tariff.-, and in
'ln'i3 there were 1-7; and that rates
in such large quantities means
were qunio.l under these larilt's i itec
oril. MM. Ilefendant ol'l'ered tilese
' tarilis in evidenco to tile jury so thai
Hie jury niilu see how oilier sliiii
pers were Irealeil: hut objection uf
i counsel for ilie .uovern inent to them
i was siisiained ami they were exclud
'e,l. Ilefendant Ilien sought lo have
.aduiitied to the jury further lesli
: inony of Hollands (which was given
to tile court on his voir dire Inn out
of the hearing of the jury I, in the ef
fect that during the period in ques
tion lie regarded this rate of ti cents
as the lawful rale from W'hiling to
' Kust Si. I.iiuis. and so would have
qtloled the rale to any one applying.
It is clear that the Alloa's traffic
department -regarded the filing with
tile Interstate commerce commission
of tho tariff win, h in terms applied
Cliieago-Kast St. Louis rates to Whit-ing-Kast
Si. Louis shipments as in le
gal effect tile filing of llle rates so
applied; and such offered testimony
; was that the Alton, so thinking, had
numbers of tariffs naming rales from
Chicago, which were not filed witli
the intersiate cuninierce commission.
! but. which under these filed applica
tion tariffs were applied from U'hit
ing. Indiana: anil as Hollands in
formed the court, they "did II on ev
!ery occasion" I Record, 4l',-ili!). And
defendant sought by other testimony
I of Hollands to show that the Alton so
'dealt with these tariffs In question
jlltcrord, I1K7-M. But all this evi
dence was objected to by the govern
ment and excluded from the Jury by
I the court. So. again, defendant
sought to prove by the testimony of
Wann (who was tlte Alton's general
freight agent during all the period
'of 2 years In question except the
last three mouths I hereof, and was a
witness for the government), that
the rate fin petroleum and lis pro
Iducts from W'hiling lo East Si. I.ouis
'during the period and over the route
in question, was not IS cents. Hut.
this was also objected to by the gov
ernment aiiflecii,, ,1 by the trial
' court. I Heron! .'.7-M .
Now obviously, this evidence, if
admitted, would have tended to dis
prove anv conieii'lon that the Alton
practiced any d
equality as hei u .
lie, or showed a
'imiiiation or in
i lie shipping pub
lavorltism to de
fendant over ol ii-1 ,
H-cein tariff and le
;ccnt rate to the
' ments In questi ,ti
s. in applying the :
,,' the ullcKed 1 1-
defendnni's ship-
-because if the
I Alton rate department regarded thej
' i-cein ja,e. iiiiii iiui nil i -i-tem in,,-.
as the lawful rati-, any shipper who
might apply would have received the
same B-cent rale which was given to
this defendant."
Then follows
that part of Judge
quoted In the peti-
'T,andis' opinion
tlonrr's brief.
j Following, on paKO lOKO of the
'record, the trial court atrain said:
; "The nominal rlefnudant in the
.Standard Oil Company of Indiana, at
I million dollar c rporaf ion. The j
'Standard Oil Company of ew Jr-'
sey. who' capital Is one hundred t
'million dollars, i.- 'he real defend
ant. This is so fur tr.e reafvm that If
1 a body of rn'-n or L'a )! a larcn rtirj" -ration
und'T rbt- l-rx at ftw 'a?'
f'-r the pnT'pn-e nf t.ii-ine"H of carrv
inir on huln"s tlw-iuh. uf the Cnit
ed States. ;ind !"T 'hp armm pli-h-ment
of that j m : ; j-e abn irb th;
f other r:np
raiioiis.
,e,l liav
such
the'
iirn-at ions e a'o-:oi
forw a I'll but a
Tl'".v c;i'i;)o! initia
' inifrjiendent bui:i
eliiniuat ion in thi
any
po! le
I he
bei
jtrinie cnnsideral ion for llieir absori
lion. Si when aft'T litis, pr i.ess has
taken place a crime is committed In1
t he . na me of such ;;tial ier rorpora
t io'i, in fixing punish men t the law'
will con udej- .'-t site lar.U'i f.rpora-)
tion is the real uffeniP'r. And wh"re
the only possible motive of lb" crime
is the enhancement rf dividend-, and;
the anly nunisltmeii' a ut horifd i ,
fine, threat caution must be exercised (
by the court lest the ffxiiu; of a
small amount oncoiiranf the defend-j
ant to f nt ure violat ions by est eem- j
In lc the penalty be in the mil ure of ai
license. The defendant armies that1
to hold It for I MI- offenses would j
be a violation of 'he const it 11 1 ional
u-idiibiiicm auainst the imjiosltion of;
excessive fines, and it Is urncd that i
coimress could never have Intended;
to confer upon the court such power.)
It. is the view of the court that for,
the law to take from one of its cor-;
porate creatures as a penalty for the;
commission of a dividend producing!
crime less than one-third of its net '
revenue accrued during the period,
of violation falls far short of thu im-
position of an excessive fine, and
surely to do this would not be the ex
ercise of as much real Hwer a is
employed when a sentence is imposed
taking from a human beinw one day
of his liberty. In this connection it;
may be observed that the figures ex-'
hibitinir the net earning of the Stand-1
ard Oil Company of New Jersey dur-'
itiK the period covered by this indict-,
meat are exceedingly instructive In-- (
cause of the peculiarly intimate re
lation bet ween t be character of the
crime and the revenues of the offend-'
er."
It is readily seen, therefore, that1
t he ci it icisni of I be ext raid taken
from this court's opinion is In the,
highest derrc hypi-n-rit b a I."
Properly, the iiumavatini: cure, (in
stances (,r matter whirl) may lie look
ed inh should Im- in s one way roit-tl'-rted
witti, or the immediate rmoe-'
liiei.e of. the iill' Iltf for wbfeh the
defendant is on ti ( 1 Iti.-iiop.
Criiniiial Law. S' ction it I s and
mttes.. TJo tiiai rourt 'diservefj do'
sin It limitation.
Counsel can find no authority to
support t bat which r he t ria I con rt '
did and this court condemns In fix-i
inn thidr unheard-of fine. j
The provision of the bill of rights
In the eluhth amendment to the fed-,
eral e-onstltution forbidding the Im
position of excessive fineR enacts a
cherlsheil principle of the Mana
Chart a. which is the foundation of
American and A n ulo-Sa X'n laws and
jurlspnid'iic", and which required
that fines impoHf-d for faults or
rriuies should be "after the manner
of the fault." or "a rorditm to the
iieiriousnt'Hs of if," and forbade fine
so larue as to deprive a defendant of
that whleh was n-rey.jary to bis vo-'
ration or i.velibood
TO III NIKItS AMI f 'A Ml' Kits
If you are thinking rif gfilng Inifi
ih" moiifiiriliii hunting fir fli-bliig.
call 1 1 ICed 174 1, or fall at 4;3 Olive
street. tf
si 'ek
Eugene
BAD ACCIDENT
AT STONE QUARRY
V.Hi KOCK I AI I S l l'( IIAUItV
i i,itu, tmsiiiNt; ims u t. 1
t.ki; to i:i;i;.i: nosriTAi
Harry Clark, an employe of Hie
Warren Construction Company at the!
rock quarry at the west end of Skin-1
tier's Hutte. was severely injured,
while at work at the quarry just be-!
f ire noon, lie was prying at one of i
I he perpend icu la r columns of rock !
when suddenly the column was loos-1
enetl and fell with a crash, catrhlnt;
Clark before he bad lime to uei out;
of the way. The bp: boulder crushed1
bis rfuhl leu near the hip, and for a,
while it was though), that the limb:
would have to be amputated, but'
when he was examined at the Ku-i
Keno hospital a lew minutes later it!
was found that amputation was not
necessary. The leK, however, was;
terribly mannled and It wit be it i
lon time before (ho man will be j
able to work aaln. j
i.iciiv .iok (;
W 11,1,
'KilIT XO
miiui:, in-; s.tvs
t'olma Arena, Kan l-'rancisco, Hiqit.
II- Hauling N'elKon clinched his
claim tt) the lightweighl cliampiou
ship by defeating Joe Cans fur the
second time at Colinu Arena this af
ternoon. The fight ended In the
tweniy-flrsl round, when Cans, beai-i-ii
down by a succession of blows
from his sturdy conqueror, failed to
get upon his feet at ihe count of ten.
The veteran color, irl fighter, was se
verely punished, but the champion,
loo. has the marks of hat lie.
When Cans was seen In his dress
ing room his face presented a terrible
piilure. His right eye was closed,
the left partially so: bis lips and nose
were badly lacerated, nil, I bis face
pulled inn like an In I In i ,-i balloon.
He llllllllbleil oul the loll iwlllg si III -
incut :
One l-'igiil Tiki .Many
"I made one fight 1oo many. Nelson
EUGENE
Medical and Surgical
STAFF
W Kuykeudill, M. D.
O. Pr.Kr, M. D.
P. I. Brtl, M. t
B. P. Scaiflt, M. D.
D. A Paint, M. L).
Gtf). O'B, LcBjr, M.D.
L. E. IvklJoujtal, M. D.
..Tra :ning School for Nurses..
Regular course of lectures by the faculty and 'practical
training in the hospital. The medical and surgical stall
of the hospital constitutes the faculty. For rates or infor
mation address W. KU YKENDALL, M.D., Supi .
1 ? i
. V.
'id
i.
'.:'.-".; ... ;
j Vnv s' i.
, y i
1,'u
S -tJ-
lN-',.JJ
lMO0L!INQ
I: II., '
POSTS, BOXES!
Is a tough boy and heat me fairly, t
will nevr fight again. I will re:,i i
to Baltimore Immediately and in'"
to my hotel business there. This Is
no I'attl farewell, hut In deud cur
liest." Nelson appeared to be as strm i el
the finish as at the beginning o; t' 1
light. One of his teeth was km.-I
out in Hie fourteenth round null '
blood flowed freely as a result. 7:
sight or the blood spooling from ,"
son's mouth caused short-ender :
mount I heir seats anil shout en o -aglngly
lo Ihe fast-dying colored '.
He responded gamely and In the I
lowing round made what was ti'
most furious round uf the fight.
Tlie men weighed In strlppel : .
nil pounds. Betting was even i;-,'.
Cans would not last liu rounds, a 1
was lo lo ti In favor of Nelson o:i t .
general result.
CAHTOIIIA.
Hun n, , 11,4 Kind Van Ban lwan .', t;:!'
Bignii'.are
if
HOSPITAL
For the care and treatment of
Medical and Surgical Cases
Modern operating room and equipment.
Appliances forX ray worlc
Sputum and blood examinations
Full corps of trained nurses.
Rates on application.
0
O