Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-07-25
ACTION is MAPPED OUT
Writ of Certiorari Will Be Applied
For.
ATTORNEY GENERALS OPINION
Refuses To Comment on Decision Of
Court Of Appeals-says Due
Measures Will Be Adopted.

CHICAGO, July 25.-President Roose-
velt.s statement on the Standard OH de-
cfsion had the effect of a gaivanic
battery on the governments legai FORCES
in Chicago yesterday. District Attorney
Sims and his assistants are strainins
every fiber to regain the $29.24O, nne
which slipped through their fingers IN the
decision Of the court Of appeals Inc
government prosecutor realizes that 10
go to trial again would, even In the event
of a conviction, mean a much smaller
fine. He therefore bases his hope on the
theory Of Attorney General Bonapate
that the issues may be presented to the
United States Supreme Court through ap-
plication for a writ Of certiorari
The course of action mapped out by the
government includes an action by the
Attorney General for a writ Of certiorari
and petition for rehearing before the
United States court of appeals.
Mr.. Sims and his aids. James H. Will
kerson and Harry A. Parkin. were In teie-
graphic communication on this subject
with Mr. Bonaparte yesterday. The local
department Of the Department Of Justice
probably will devote its attention to the
B. kellogg. who will be called into the
case at the suggestion of President
Roosevelt, will, it is understood, prepare
the action that Is to be presented to the
Supreme Court
Attorney Generals Statement.
LENOX, Mass, July 25.-Attorney Gen.
eral Bonaparte was asked yesterday af-
ternoon his opinion of President Roose-
velt's attitude toward the decision Of the
United States court Of appeals in revers-
ing the Standard Oil fine, but he declined
to make any comments.
He gave out the following statement Of
the attitude of the Department OF Justice
on the case, but refused further to dis
cuss the matter.
Attorney General Bonaparte was asked
of apeals in Chicago reversing Judge Lam
dis fine of So, 24O, 600 imposed upon the
Standard Oil Company. and If he had any
comment to make upon it, The Attorney
General replied: -
Ives, I have read the opinion. 1t
was sent to me by the United States at
torney as soon as issued.
Will Try to Obtain Review.
Amy comment by me on the action Of
the court of appeals would be. in my
judgment, inappropriate. especially since.
in some form and at some time in the
near future, the Department of Justice
will undoubtedly try to obtain an au-
thoritative review of the decision. 1t is
much to be regretted that. owing to the
unreasonable restrictions imposed by ex-
listing law upon the right of appeal by the
United States in criminal cases, this can
not be done in what is obviously the most
natural, most prompt and effective meth
cd. namely. by a direct appeal to the
Supreme Court of the United States. But
since such is the present condition of the
law, the department must adapt its course
Of action to that condition.
In my opinion 1t is of vital moment
that the statutes regulating interstate
commerce should be so construed by our
courts that 1t may not be practically i'm
possible to convict lawbreakers on a vast
scale. nor practically impossible to pun
ish them, when convicted. with SUFFICIENT
severity to assure future obedience to the
law.
Measures Under Consideration.
IL think it is the duty Of my depart
ment to foster a wholesome fear Of con-
dign punishment among those often and
strongly tempted to do what the law for
bids. And the department has tried in
the past and will try in the future to
faithfully discharge this duty. Such we'll
considered measures will be. therefore,
adopted after due elaboration and con-
ference as will, SO far as practicable. re-
move any possible danger which may be
thought to exist, lest the present decision,
as a precedent or otherwise. shall prove
an impeachment to the effective admins
tration of these salutary laws"
1t can be stated that Frank B. Kellogg
of Minnesota has been summoned to
Lenox to confer with the Attorney Gen.
remain at the hotel where Mr.. Bonaparte
ts Snendin1 his vacation