The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-07-23
Sims AIMING FOR
NEW BLOW At
STANDARD OIL
DISTRICT ATTORNEY SEES HOPE
IN FACT THAT COMPANY Is
NOT HELD lNNocENT-REvER.
SAL ON ERRORS"

CHICAGO. July 23.-Undismayed by
the blow administered by the federal
court OF appeals. which yesterday
knocked out the famous $29.240 900
Standard Oil fine. the United States
district attorney is planning fresh
onslaught upon the oil trust.
In the mass OF unfavorable state
ments contained in the adverse ruling
OF the upper court, District Attorney
Edwin w. Sims found one source OF
satisfaction-that the actual guilt OF
the oil trust was not at any time call
ed into question. The finding OF the
lower court Is reversed solely on the
ground OF errors.
The machinery of the department OF
justice at Washington and OF District
Attorney Sims Office in Chicago was
put In action as soon as the contents
OF the decision became known, prepar-
atory TO trying for fresh conviction.
Just which one OF the several courses
which are open to the government will
be decided upon will not be known def
initely until after a conference OF the
heads of the department, which will
be held within few days.
Bases Reversal on Three Errors.
The grounds upon which the court
OF appeals reversed the decision OF
Judge Lands are:
That the trial court abused its dis
erection In the post-trial Investigation
which was held after the conviction
Of the Standard Oil company of In
diana and by measuring the amount Of
the fine by the ability of the parent
corporation--the Standard OIL COM
pany Of New Jersey-to pay.
That the trial court was In error
in excluding evidence Of knowledge
and intent on the part Of the defend
ant in the acceptance of rebates.
That the trial court erred In the
manner of computing the number OF
offenses. Each cash settlement and
not the shipment Of each car load Of
oil constituted an offense.
Grosscup Wants Docket Clear.
Judge Peter s. Grosscup's expected
retirement from the federal bench Is
the reason given and generally accept
ed for the quick decision OF the federal
court Of appeals In the Standard oil
case. The report was to the effect that
the judge, desired to clear up his dock
ct SO he can resign and practice law
as soon as possible.
That the Judge has been anxious for
some time to leave the bench and re-
turn to private practice has been
known to his close friends. The
bench has nothing more to offer him
In the way OF honors. the work has
become irksome. and the pay Is un-
questionably small as compared with
what he could earn at the bar, espe-
cially in corporation law.
But up TO the present time the UNI
finished work in the court OF appeals
has interfered with his resigning
Now the judges docket Is practical
ly clear of large matter; at least there
Is nothing now before the court which
another judge could not handle as we'll
as he. For a long time the troubles
of the Union Traction company engag-
ed his attention. II was serious
tangle, and he had assumed the task
of bringing order out of the extreme
ly mixed situation. If the plans Of re-
organization which finally prevailed
were to go through his continued pres
ence on the bench was necessary. But
that case is all settled now and out OF
court.