The Washington times., 1908-09-10
STANDARD FILES
ANSWER IN COURT
Oil Company Denies Right
of Government to Have
Fine Case Reopened.
RAPS JUDGE lands
FOR STAND TAKEN
Insists Prosecution Should Have
Proved knowledge of Law
full Rates.

CHICAGO. Sept. G0-The reply of the
Standard OH Company 70 the petition OF
the Government for reARaring OF the
case in which the United States circuit
court Of appeals. Judge Peter S. Gross
cup. presiding. wiped out the Se9, ,OO0, 900
me imposed by United States Judge
lands. was filed az 10 O'CLOCK today.
Judge Lands originally imposed the
hne after the Standard had been con
vieted Of accepting rebates from the
Chicago and Alton railroad
The reply meets vigorously the argu-
ments presented by the Government IN
its petition tending to show that the
appellate court erred in reversing Judge
Lands decision, and III rsmanding the
case TO the lower court for retrtEl
Judges Grosscup, Seaman, and Baker
viii hear arguments later and the de-
Cision as 10 whether or not they will
revise their former opinion is expected
some time in October.
The Governments petition wa fled
August y, twenty days being allowed by
statute for the defendant to file an
answer. The time limit would have
expired at midnight tonight.
Replies in Detail.
tail TO the Governments contention that
the appellate court erred IL declaring
that Judge Landis was wrong in ruling
that the Government was not required
20 prove that a shipper had knowledge
of the lawful rates, on the theory that
ignorance OF the law is nuI a defense.
The Standard contended jhat. in max
ing such a ruling, the trial judge no5
H. a 81
the Government, but also deprived the
defendant Of any benefits he might geJ
from the presentation OF such evidence.
One OF The principal features of the
Governments petition Was tie sugges-
JiOn that the appellate court certify to
the Supreme Court Of the United States
the question whether It was necessary
for the Government TO show beyond a
reasonable doubt as "a part Of it's case,
that the shipper knew what the lawful
published and filed rate was.
Governments Contention.
The Governments petition declared
that the appellate cOUrt's ruling that it
was necessary for the Government to
produce such proof would make ne
interstate commerce act "a mere will
o. the wisp OF legislation; a phantom
statute"
The Standard. in its answer. declares
that the appellate court, having already
tried and decided the case. the 'sug-
gestion Of certihcation is not a proper
one to be made OF entertained"
Should the appellate court deny the
Governments petition for a reheaI ing,
&c is believed that Attorney General
Bonaparte will order United States Dis
trlct Attorney Sims to take the case to
the Supreme Court OF the United states.
This would have the efTecE Of bringing
the whole case, in its present shape with
The S-9,0O,OJ0 fine attached, before the
highest court of the land
The Standards answer follows:
Wants Counsel Restricted.
We may fairly insist that counsel
indulging in criticism of the opinion OF
the court be held to a scrupulous ac-
curacy in their treatment both OF the
courts, rulings, and of the record. We
may require that such criticisms be
Rcnhned TO substantial grounds for re-
hearing We may properly Cuggest that
the repetition in the petition for re
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