The Farmville herald. [volume] (Farmville, Va.) 1890-1934, 1908-08-28
ASK REHEARING
IN REBATE CASE
DOnaparte Strikes at GTOSSCup
and Defends Judge LandtS,
CALLS FOR A NEW FINE

Charged With Stealing $4,000 From
United States sub-Treasury In Chi
oago-Democratic Vice Presidential
Nominee Notified--Faled to Wed,
Girl Is sued Judge Ermentrout
Dead-Pennsylvania Pure Food Law
Declared Observation-Disclosures
Form a Bible Conference.
Attorney General BOnaparte filed In
the United States circuit court of ap-
peals al Chicago his application for a
rehoaring In the reversal of the S29.-
900 900 fine decision In the Standard
OIL case. The attorney general takes
issue with the court on all the essen
tial points of the ruling recently hand
ed down here.
The government contends vigorous
rs and with references TO the record
that the reversal of the case. so far
as the ruling of the trial judge with
reference 90 ignorance on the part OF
the shipper as a defence is concerned.
is based on a msstatement by the
court of the record in the case as to
the admission of the evidence and to
a misunderstanding by the court Of
what the trial judge ruled with refer
enco 20 the admission Of evidence, and
how he really charged ne jury
It Is further asserted that the court
of appeals has done a great injustice
TO Trial Judge Lands IN misstating
what be did in connection with the
imposition of the fine on the Standard
OIL company.
The circuit court of appeals In its
opinion charges that Judge Lands
assumed TO fine the Standard Oil com
pany of New Jersey and imposed the
large fins for the reason that he was
satisfied that the Standard Oh com
pany OF New Jersey was not a virgin
offender
The government shows In its petit
tion that Judge Landis never referred
to The STANDARD oil company of New
Jersey In this connection and that the
language used was used In connection
with the Standard oil company OF In.
diana and that nowhere were the pro
ceedings directed or pretended to be
directed against the Standard OIL com
pany of New Jersey.
Il appears nom the record in the
circuit court of appeals that the net
profit of the business Of the Standard
oil company of Indiana. the corpora
ton that Judge Lands fined. for the
years during which the violations Of
the law for which it was convicted
were committed and including the year
in which it was indicted amounted
to s33.583, ,2O8.80.
On this point the petition states:
I'VE respectfully call the attention
OF the court to the statement OF the
Standard Oil company Of Indiana on
file In this case. referred to by the
court IN its opinion and treated az
proper for consideration in determin-
ing whether OF not the penalty was
excessive.
THE punishment therefore" Mr. Bo.
naparte says. rs no more severe than
IS inflicted upon a letter carrier who
steals a letter and Is sent 10 the peni.
tcntiary for three years. thereby de-
priving him of his earning capacity
for that time IL is not nearly so Sc
we're as the minimum penalty OF five
years in the penitentiary imposed upon
banker who misapplies the funds Of
mis- bank.
The government claims that on ac.
count of the size of the fine alone
there is no necessity for a retrial Of
the case: that the circuit court of ap-
peals may. itself. name the fine which
should be imposed, and calls upon the
court to do so in case it adheres TO
the view that Judge lands abused
his discretion in imposing so large a