The Montgomery advertiser., 1908-07-24

Nor Is 1t believed the case will be re- tried before Judge Landis, aB the Stand ard oil Compsny would protest against fl and ask that some other Justice at in the case.
 The issues as made up do not Involve any constitutional question. such as are necessary to take ths action to the sn- preme Court.
 Writ 6f Cextfornrf.
 Washington. July 2ss--In reference to Attorney General Bonapartess state ment from Lenox. Mass. that an appeal cannot be taken to the Supreme Court of the United States from the decision of the United States Circuit Court of Appeals in Chicago. Tn the Standard Oil case, 1t was said at the Department of Justice today that no appeal lies un- der the present law to the Supreme Court from q Anal Judgment Of tho Circuit Court of Appeals in a criminal case as matter of right.
 The government however. has Q right to present to the Supreme Court an application for . writ of certiorart in cases of this character. and indeed. all criminal cases. IL Is In the diacre- ton of the court. however. whether a writ of that kind prayed for should be granted. It is recalled that ths sn- preme Court has in a large number of
 
 captions have recently been made to this rule. and the Department of Jus tice officials are encouraged to believe that because of the very great import ance of this case and the public Inter- est in it. the court would probably grant the application.
 During the last several years the Att torneys General have asked Congress to enact legislation giving the govern msnt 2 right to appeal in criminal cases on questions of law where fspr2 has not been q verdict ef acqnittal hv 3 jury and where In the opinion or the Attorney General, the ends uf t,lNtic1 court of last resort Several hall6 were introduced In. congress gs tks last sss- sion having thfs end in view but they failed Of enactment. Up to thia fEfDe. no decision has been reachsd by the governznent aa to whether fha Sfand- ard oil case will be taken to Judge Landis's court for re-hearing or an ap- plication made to the Supreme Court Tor certiorari, but t Is upderstood to De the purpose of the otictais Co act promptly iu this matter.
 Gp fo B0nnparte.
 ] Chicago. July 23.--If application ia made to the Supreme Court for a writ qf tcertiorari in the Government case against the Standard oil Company of ktt9t8AAANg '&@- WILL Rg QOftE UT Aft0tHNE General Bonaparte. This statement was made today by Edwin ". sims. the District Attorney who handled the Governments case against the coul- pany. when shown the Washington dis. patch suggesting that such application were possible.
 Mir. Sims today received the folIow~ ing telegram from Mir. 'Bonapartes
 TT feel that you and your assistants have done everything possible to pros tect the interests of the Government and promote Justice. will write fully as soon as the opinion comes to hand
 That the petition for rehearinS will lay stress on two alleged errors in the quoted portions of the opinion ak the court is the generally accepted opinion of attorneys interested in ths case.
 Local newspapers today print parai- Tel statements taken from yesterdays decision and from the record of the original trial.
 This from Judge Grosscup's opinion. and carried out in the ruling exciud- ing certain proRered testimony. inciud- ing that of one Edward Bogardus. who. being in absolute charge of trafIlo as- fairs of plaintiff in error offered to testify that he did not know anything about the IS cents rate over the Alton Road: that his attention had never been called to any such rate by any person ar by the execution 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 Railroad. that the rate over the Alton Road was 6 cents, and that such rate had been filed with the Interstate Com- meece Commission"
 Following Is the testimony of Bo- gardus before Judge Landis as taken from page 423 of the printed record:
 The witness. in response to gues- ttons by counsel for the defendant was permitted by the court, over the obtection of counsel for the United States that the evidence was incompe- tent and immaterial and merely the ccr clusions of the witness and nor the facts, to testify as follows.
 During the years have mentioned --19oI-05 I dId not know anything about an IS cents per hundred rate on oil over the Chicago and Alton Rail- road bet ween Whiting and East St. Louis in any tarih whatever. My att tention has never in any way been csilsd to such a rate by any human teInE or by the execution Of any doeu- uient of any kind or character or otherwise. During the peroid of time mentioned, 1t was my understanding and belief. regarding which have tes- tined, was fled with the Interstate Comrneree Commission: that unoer- standing and belief was based on what l was told in the Chicago and Alton office by Mir. Hollands. During ali tbat period of time in connection with tho shipment of oil over the Chicago and Alton Railroad by the Standard Ou Company of Indiana, as it's representa- tive in that particular work. had no intention to violate any lawfn..y ess tablished rate issued by the Chicago and Alton Railroad Company"
 The newspapers also print an excerp from the record to show that where Judge Grosscup states that Judge Lan~ dis referred to the Standard Or Gems pany of New Jersey. as no virgin 0g- fender, Judge Landis really referred 10 "the defendant" namely. the Stand~ ard oil Company of Indiana. The two points given, it is believed. will form the ground work of the petition for q re-hearing.