The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-07-25

GrOsscup Decision Leaves
Way Open For Rehear-
ing--WiII be Asked

CHICAGO. July 24.-United States
District Attorney Sims today an
nounced positively that petition for
rehearing in the case of the govern
ment against the Standard Oil Co. of
Indiana. decided adversely to the gov
ernment by Judge Grosscup yester-
day, would be filed. Mr.. Sims today
received the following telegram from
Mr.. Bonaparte:
Il feel that you and your assist
ants have done everything possible
to protect the interests of the gov
ernment and promote justice. will
write fully as soon as the opinion
comes TO hand.
That the petition for rehearing will
be based on two alleged errors in the
quoted portions of the opinion of the
court Is the generally accepted opin-
ion of attorneys interested in the
case.
Local newspapers today print par
allel statements taken from yester-
days decision and from the record
of the original trial
This from Judge Grosscup's opin-
ion: And carried out in the ruling
excluding certain proffered testimony,
including that of one Edward Bo-
gardus, who, being in absolute charge
of traffic affairs of plaintiff in error,
offered to testify that he did not know
anything about the Is cent rate over
the Alton road, that his attention
had not been called to any such rate
by any person, or by the examination
of any document; and that it was his
understanding and belief, based on
what he was told by one Hollands,
tariff clerk for the Alton, that the
rate over the Alton road was cents,
and that such rate had been filed with
the interstate commerce commits
SION
Following is the testimony of Bo-
gardus before Judge Landis as taken
from page 423 of the printed record:
The witness, in response to ques-
tions by counsel for the defendant,
was permitted by the court, over the
objection of counsel for the United
States that the evidence was incom-
petent and immateria and merely
the conclusions of witness and not
be facts, to testify as follows:
During the years | have mention
ed. 1901-05, | did not see anything
about an Is cent per hundred rate on
oil over the Chicago & Alton railroad
between Whiting and East st. Louis
in any tariff whatever, My attention
had never in any way been called to
such a rate by any human being, or
by the examination of any document
of any kind or character, or other
wise. During the period of time
mentioned il was my understanding
and belief that this cent rate re-
garding which | have testified was
filed with the interstate commerce
commission, that understanding and
belief was based on what | was told
in the Chicago & Alton Office by Mr..
Hollands.
During all that period of time in
connection with their shipment of oil
over the Chicago & Alton railway by
the Standard Oil Co. of Indiana as
its representative in that particular
work, | had no intention to violate
any lawfully established rate of the
Chicago & Alton Railway Co. Dur
ing all that time | believed absolute
ly that | was shipping the oil under
lawfully established and filed rate
issued by the Chicago & Alton Rail-
road Co."
The papers also print an excerpt
from the record that shows that
where Judge Grosscup states that
Judge Lands referred to the Stand
ard Oil Co. of New Jersey as no ''vir-
gin" offender. Judge Lands really
referred to the defendant" namely.
the Standard Oil Co. of Indiana.
The two points given, it is believ-
ed, will form the groundwork of the
petition for rehearing.
Chicago school physicians in ten
months inspected 406,919 children