Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-07-25
KELLOGG TO BE ONE
OF PROSECUTORS
PRESIDENT ASSERTS THAT ALL
sTEPs MUST BE TAKEN TO PRE-
VENT A AeRoss MISCARRIAGE
OF JUSTICE.

In unm1StakaDlo terms the determine
lion OF the administration to proceed
with the prosecution of the Standard
Oil case despite the decision adverse
to the government handed down by
The United States Circuit court of ap-
peals yesterday.
The decision the president thinks.
IN no way affects the merits of the
case, and he makes known his decis-
on to cause the action to be brought
again before the courts in such
shape, if possible, as to prevent tech
aicalities interfering with decision
based upon the actual issues involved.
Merits Of the Case Untouched.
The statement in the matter, made
public last night by Secretary Loeb,
follows:
"The president has directed the at
lorney general to Immediately take
steps for the retrial of the Standard
Oil case. The reversal of the decision
Of the lever court does not in any
shape Sh the merits Of the case, ex-
cepD so far as the size Of the fine
is concerned. There is absolutely no
question Of the guilt Of the defendants
Dr of the exceptionally grave character
of the offense.
To Avert Miscarriage Of Justice.
1.-THE president would regard it as
gross miscarriage of Justice if through
any technicalities Of any kind the de-
iendant escaped the punishment which
would have unquestionably been met
ed out to any weaker defendant who
had been guilty Of such offense. The.
president will do everything in his
power to avert or prevent such mis-
carriage Of justice. With this pur-
pose in view the president has direct
ed the attorney general to bring into
consultation Frank B. Kellogg in
the matter, and to do everything pos
sible to bring the offenders to Justice"
Grosscup Decision Criticised.
Chicago, July "a. - Discovery Of
several apparently irreconc cilable
discrepancies between statements in
Judge Grosscup's decision in the
Standard Oil case and the actual
facts as shown by the records of the
trial, has changed the whole aspect
of the case.
At least one Of the three important
reasons assigned by the higher court
for reversing the decision of Judge
Landis appeared to have been swept
away for the simple reason that the
premise upon which it was based was
not borne out by the evidence.
Moreover, the cause taken from
Judge Lands decision, which was
made the grounds for practically all
of the picturesque denunciation of
that Judge, was shown to have been
enormously quoted or misquoted.
Judge Landis' decision, If the steno-
graphic copies are to be relied upon,
cerning the parent body for which he
IS scored SO roundly in the decision
of the court of appeals.
Rehearing to be Asked.
The government consequently will
petition the court of appeals for a re-
hearing of the case, using these dis
crepancies as the grounds for such
a plea, instead of waiting until the
case is remanded back to the lower
court for new trial. Such action
substantially amounts to a request
that the upper court reverse itself
and permit the $29,24O,000 to stand be.
cause of its own errors" in consider.
ing the evidence in the case
District Attorney Edwin w. Sims
admitted that the government unless
1t changed it's plans, would appeal to
the reviewing court for a rehearing
of the case, but he was mum upon the
days discoveries that had led to this
change of program. This was sub
ject, he said, that could not be dis
cussed until, the move had been
made
Grosscup and Record Disagree.
In substance some of the supposed
discrepancies pointed out by the law,
gers are:
Judge Grosscup's opinion. - Thai
Judge Lands erred in failing to per
NIT Edward Bogardus, traffic manager
for the Standard Oil company, to tes
tify as to his knowledge of the rate
charged by the Alton road
The Court Record. = Bogardus
went into details, denying that he
knew an illegal rate was being charg
ed. Judge Lands admitted this testi
CONTINUED on page 81