New-York tribune., 1908-07-30
TO REARGUE OIL CASE
HOPE FOR NEW OPINION.
Conferrees at Lemon, Mass, Come
to Unanimous Decision.

Ienox Mass July 29-After an all day con-
ference of the leading government prosecuting
officers and Frank B. Kellogg. OF Minnesota
one of the special counsel for the government
In certain civil suits, II was announced Dy Al
torney General Bonaparte that every effort
would be made to secure a revision of the re-
cent decision and opinion of the United States
Circuit Court of Appeals in the case of the
Standard Oil Company. Of Indiana, and that an
application for q reargument of the case and
a motion for a modification of the opinion would
be submitted to that court. Although no time
is fixed, this action by the government will be
taken at the earliest possible moment. while
the pending prosecution against the Standard
Oil Company and all other prosecutions in
which the giving receiving of rebates is
charged will be pressed to trial. The decision
to take this action was unanimous the part
of the five men who took part In the confer
Attorney General Bonaparte called to the
conference Solicitor General II. NJ. Hoyt, of
Washington; Edwin NJ. Sims, Of Chicago,
United States District Attorney for the North
District OF Illinois: James III. Wilkerson. OF
Chicago, Mr.. Simss first assistant. and Frank
B. Kellogg, of Minnesota. Mr.. Hoyt. Mr.. Sims
and Mr. Wilkerson arrived here yesterday and
had conference in the afternoon with the At
torney General Mr.. Kellogg arrived this
morning and took part in the two conferences
which were held to-day and which ended with
the giving out of the following statement by
Attorney General Bonaparte:
The government will make every effort in it's
power to secure a revision Of the recent de-
Cision and opinion of the Circuit Court of APP
pealS for the 1th Circuit in the case of the
Standard Oil Company of Indiana, either by the
Court of Appeals itself or. if necessary. by the
Supreme Court of the United States. The
gentlemen who have been in consultation with
me all unite in my opinion that in the interest OF
the impartial and effective administration of
our laws such action on the part of the gov
ernment is imperatively demanded by the cir
cumstances of the case and the possible conse-
Quences if this opinion should stand
authority without question by the government
To this end application for reargument OF
the and a motion for a modification of the
opinion will be submitted 10 the Circuit Court of
Appeals behalf of the United States at the
earliest possible moment Other appropriate
steps will be taken afterward, their character TO
he determined by the courts action upon this
application. The pending prosecutions against
the Standard Oil Company and all other prose-
cutiOns in which the giving or receiving of re-
bates or offences of like character are charged
will be pressed to trial and judgment by the
government with all possible energy and as
promptly as may be practicable In the view OF
the governments legal advisers the reversal OF
the Judgment in the case recently decided in no
way affects the merits Of that controversy or
the necessity and duty Of bringing to punish
ment. if possible, in this and any other cases
any individual corporation shown to have
evaded defled the laws
In discussing the various aspects Of the case,
Attorney General Bonaparte took occasion to
refer to the report published in certain news
papers to the effect that E. Parmalee Prentice,
the son-in law of John D. Rockefeller, had given
or was to give. a dinner to the Attorney Cen
eraI Mr. Rockefeller and Judge Grosscup-
"I have not the pleasure of Mr. Prentfce's
acquaintance Mr.. Bonaparte said. Il did
not know that Judge Grosscup was here
until after he had left, and the dinner is en-
tireIv a fen1ent of a lively Imagination Dur
ing political campaign one must expect stories
of this character and it would be unnecessary
and perhaps indecorous to properly characterize
them Suffice me to say that. barring its other
merits, the tale is wholly free from any taint of
truth
District Attorney Sims and Mr.. Wikerson de-
parted during the afternoon for Chicago. fol-
lowed an hour later by Mr. Hoyt. who started
for Washington. Mr.. Kellogg will remain until
tomorrow but the main part of the conference
was finished to-day.