Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-07-23
U. S. Circuit Court Knocks
Out Fine Of S2g,OOO,OO||O
Against Standard
Government viii Ask Re.
hearing and Will Fight
to a Finish

Chicago, July 22.-Although the
United States circuit court today re-
versed and remanded the cases Of the
government against the Standard Oil
company of Indiana for new trial,
in which Judge Lands of the district
court recently imposed a fine of S29,-
100000. the government forces will
keep up the legal battle. The govern
nnent has thirty days in which to file:
its petition for a new hearing in the
case, and 1t will be filed in the time
allotted. s,zs
Judge Grosscup, whose opinion was
concurred in by Judges Baker and
Seaman, in dealing with the case,
said: "a # 4 i 5as
eve should take up the subjects
first in their order as investigated, be:
ginning with the action of accepting.
concessions from the lawful published
rates, even though it is shown as hay.
ing no bearing on this case, no matter
what was the intention Of the shipper
at the time of accepting the rebate,
and If he knew that it was contrary
to the law, and that If he knew what
the publiched rates were n.
The facts of the case is that certain
testimony was ruled out, including
!. that of one Edward Bogardus, who,
being in absolute charge Of traffic af-
fairs of the plaintiff, in his testimony
said that during that period he did
not know anything about the 1S-cent
s rate over the Alton railroad, and that
] he had never been informed of any
such rate by any person or by examin-
alton Of any documents, and that was
his belief, based on what he was told
by one Holland, tariff clerk of the Al
! ton, that the rate over the Alton rail-
road was cents, and that such rate
had been filed with the Interstate
Commerce Commission, and as mat
ter of fact Bogardus was permitted
u to testify on every other line of testi-
mony but in this particular one. When
this passage in the records was
shown to District Attorney Edwin
Sims and his assistant, ]. III. Wilker-
son, they would make no comment,
However, other members of the legal
profession, when interviewed said ii
was pointd out that even though the
court was convinced Of an error in
this matter, that there As little pros
pect of securing the collection of any
such colossal fine as Judge Lands be
lieved fitted to the offense.
Judge Grosscup's opinion leaves
little contention that each carload al
the 6-cent rate constituted separate
offense. The shipment, Of which
there were about 500 cars, under thu
$ ruling Of the court, the fine should be
based on the settlement between the
railroad and the oil company.
OF these there were Sc counts, ani
+ the maximum fine would be on this
! bisis but $4,000 and the minimum
fine $4,000, the latter figures beine
considerably less than the amour
which the Standard people are alleged
to have resolved In rebates.
IN the event Of a rehearing being de
MED the government, it may 60 q
trial on the original indictment con
tanning Lass counts, or an actor
which Mr. Sims could be ready Z
take In two weeks. or any one o
the other seven indictments contain
ing 4,422 counts. But as d vast amour
of work has been done in the case
just decided It Is unlikely that Al
entire new case Will be instituted