The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1908-07-23
GOVERNMENT FORCES WILL
CONTINUE FIGHT TO LAST
Legal Experts Declare Decision States Errone-
cusIy That Testimony Of Officials In
Charge of Traffic Affairs of Oil
Company Was Excluded

Chicago, July 22.--AIthough the L.
S circuit court Of appea,s today re-
versed and remanded the case against
the Standard Oil company Gf In
diana in which Judge Lands in the
district court had imposed a fine Cf
$29.240, 900, and the government
forces will continue the battle The
government has thirty days within
which to file a petition for rehear-
ing ana it will be filed within the al
lotted period.
Made Erroneous Statement.
Judge GrOsscup, whose opinion was
concurred in by his colleagues, Sea
man and Baker, is declared by law
yers familiar with the case, to have
stated erroneously that the testimony
of Edward Bogardus, who was in alb
solute charge Of the traffic affairs of
the Standard Oil company was eX-
emded In his opinion. dealing with
the intent" feature of the case--a
vital point-Grosscup says;
I'VE should take Up these subjects
in the order stated, the first being
whether the shipper can without
error. be convicted of accepting a con
cession from a lawful published rate
even though it is not shown as bear
ing on the matter Of intent, but that
the shipper at the time of accepting
such concession. knew what the
lawful published rate was.
THE view of the law emhOd ed in
the charge and carried out in tae rul-
ing, excluding certain protfered testi-
mony, including that of one Edward
Bceardus, who, being in absolute
charge of the traffic affairs OF the
plamti1 in error, offered to testify
that during the period he did not
know anything of the IS cent rate
over the Alton road; tnat his atten-
tion had never been called to any
such rate by any person or by the
examination of any document, and that
IL was his understanding and belief,
based on what he was told by one
Holland, tariff clerk for the Alton
that the rate over the Alton was
cents; and that srch a rate had been
filed with the interstate commerce
commission"
AS a matter of fact, it is stated
that the record of the case shows that
Bogaidus was permitted to testify to
the Judge and jury on the very points
enum Grated in the decision of tic
court of appeals.
Point Of Great Value.
When this passage in the record
was shown to District Attorney Sims
and his assistant, James II. WilkersCn
thoy would make no comment. How
ever. other members of the legal pro
fession interviewed regarded the
point as of great value. 1t is pointed
out. however, that even though the
court were convinced of the error in
this matter, there is little prospect
of securing the infiction of any such
a colossal fine as Landis believed fit
ting the offense.
Maximum Was S72o,ooo.
Grosscup's opinion leaves little of
the contention that each car load at
the G cent rate constituted a sepa-
rate offense. Even the shipments, of
which there were above five hundred
could not be so considered under the
ruling of the court. The fine should
have been based on the shipments b.
tween the railroad and the oil com
pany. OF these there were just thirty
SIX and the maximum fine on It's
basis would amount to but S72J,t0J
and the minimum $4,000.
Sims to Keep Fighting.
In the event a rehearing is denied.
the government may go to trial on
the original Indictment containing
1862 counts-an action which Sims
could be ready to take within two
weeks--or upon any one of the seven
other indictments containing 4.422
co:nts. The record In the case de
cided cost the government over
5000 000
Striking Part Of Decision.
The most striking portion of the de-
cision epitomizing the attitude Of the
court was as follows:
Counsel for the government say.
including their brief. that the Elkins
act was passed because the peace of
sRa F,aassfn i a