Standard Oil Company of New Jersey Et Al., Appellants, Against United States of America, Appellee. Brief for Appellants

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(J) Archbold, Vol. 17, p. 3452. (c) Cassatt, Vol. 20, p. 19. (d) Cassatt, Vol. 20, p. 6 ; Justice, Vol. 3, p. 1497 ; Archbold, Vol. 6, ^' ^^(!;' Record, Vol. 6,Ri9^§^(^MMMTSf,<^ IQ, p. 3095. 56 fair share of those increased profits ? In any event, the ar- rangement was short lived (a). CHAPTER V. Early Concessions in Freight Rates. I. There is considerable evidence as to the allowance by railroads to the Standard interests and to others, during the seventies, of concessions on freight charges. In considering this evidence, counsel for the Government have criticized the taking of such concessions according to the standards and the law of the present time. This is quite unjustifiable. What- ever was done is to be judged by the standards, condi- tions and law of those days. It was a time of intense struggle between the trunk lines for every kind of traflSc, with alternat- ing short periods of agreed rates or pooling. The schedule rates were merely nominal, and railroad transportation, not merely in the oil business, but generally, was bought and sold like any other commodity ; the question of rates being one of contract between the shipper and the railroad.

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