Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-08-29
ASK REHEARINC
IN REBATE CASE
BOnapaTte Strikes at GTOSSCup
and Defends Judge LandtS.
CALLS FOR A NEW FINE

Charged With Stealing $4,000 From
United States sub-Treasury In Chi.
caso-Demoerstie Vice Presidential
Nominee Notihed-Fsiled 70 Wed,
Girl Is Sued - Judge Ernentrous
Dead-Pennsylvania Pure Food Law
Declared Observation-Disclosures
Form Bible Conference.
Attorney General Bonaparte fled IN
the United States circuit court OF ap-
peals at Chicago his application for a
rehearing in the reversal of the S29.-
100000 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
ly and with references to the record
that the reversal OF the case. so far
as the ruling Of the trial Judge with
reference 20 ignorance on the part OF
the shipper as a defence is concerned.
is based on a misstatement by the
court Of the record IN the case as 20
the admission OF the evidence and TO
a misunderstanding by the court OF
what the trial judge ruled with refer
ence TO the admission OF evidence. and
how he really charged the Jury.
IL is further asserted that the court
OF appeals has done a great injustice
10 Trial Judge lands in misstating
what he did 30 connection with the
trIr rnneNHfrr ~ e.
Oil company.
The circuit court OF appeals in its
opinion charges that Judge Lands
assumed 20 fine the Standard oil com
pany OF New Jersey. and imposed the
large fine for the reason that he was
satisfied that the Standard OH com
Tany Of New Jersey was not a virgin
offender"
The government shows in it's petit
tion that Judge lands never referred
20 the Standard OH company OF New
Jersey tn this connection. and that the
language used was used In connection
with the STANDARD OH company OF In
diana. and that nowhere were the pro-
ceedings directed OF pretended 70 be
directed against the Standard OH 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 il was convicted
were committed and including the year
in which IL was indicted. amounted
10 S33 .58S. 20SS0.
on this point the petition states:
We respectfully call the attention
OF the court 10 the statement OF the
Standard OH company OF Indiana on
file in this case. referred 10 by the
court in its opinion and treated as
proper for consideration in determin-
Ing whether or not the penalty was
excessive"
The punishment therefore" MT. Bo-
naparte says. is no more severe than
is inflicted upon q letter carrier who
steals a letter and is sent 10 the peni-
Tertiary for three years, thereby de-
priving him Of his earning capacity
for that time 1t is not nearly so Sc
we're as the minimum penalty Of five
years in the penitentiary imposed upon
a banker who misapplies the funds of
his 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 q