The Washington herald., 1908-08-22

wasted time unless the upper court IS
convinced that il is in error in its con-
struction Of the law.
The petition. therefore. resists the Or
der for retrial Of the case made by the
Appellate Court II declares that the
government IS thoroughly satisfied with
the presentation Of law and fact made in
the original trial before Judge Lands,
and holds in 50 many words that the Ap-
pellate Court has erred in its construc-
ton Of the law It asks the right 20 re-
argue before the Appellate Court The
Appellate Court IS asked 10 apply 70 the
Supreme Court Of the United States for
an authoritative construction Of the
points Of law involved. and 10 reconsider
its reading Of the decision Of the lower
court as 10 the facts cited IN the ievi-
dence.
Alleged Vital Error
According 10 the petition. the govern
ment considers that the Appellate Court s
ruling that the Standard Oil Company did
not know il was paying an Illegal rate Is
the vital error. In the strongest Ian
gUaEe possible-languaS which is on the
border line Of rank disrespect for the
superior court-it is pointed out that IT,
with the evidence introduced at the first
trial it is impossible TO prove that the
its own acts. then successful prosecution
Of similar cases must be regarded as I'm
possible in the future. All the years Of
legislation designed 20 correct rebate
abuses would have 20 be repeated
Other eTrors-many Of tnem-are found
BY the petitioners in the ruling OF the
Appellate Court Throughout the peri-
ton is c0uched in the plainest possible
language. and the terhnicaiities Of law
az srr.sH TH HrHr HrsrH
document is intended for the public di-
gestiOn as well as for the consideration
Of the court. II is the authoritative dec
laration Of the administration that unless
Judge Grosscup's construction Of the law
is reversed. the twenty years Of anti
rebate legislation have been wasted
The reasons assigned by the petition
ers for asking a re-argumeEt of the case
may be stated in a nutshell as follows.
Injustice to Lands.
That the opinion Of the arpeIlata Court
enormously states portions oC the record,
that IL does injustice 10 Judge Lands.
who tried the original case. that i- leaves
doubtful the rule of law to be- applied IN
the future both as 10 the knowledge on
the part of the shipper that he IS accept
ing an Illegal rate. and as 90 the number
% offenses that may be charged against
period, that the Appellate Court IS In
conflict with the language of tEe supreme
Court IN a similar case, and that il has
even reversed the action OF Judge Gross
cup the presiding Judge Of the Appellate
Court. in q previous case Identical as 70
facts. and that the great weight Of legal
authority is against the position assumed
BY the Appellate Court. and that the
position assumed by the Appellate Court
II permitted @ remain uumodifed. VIII
tend 20 encourage disohedieuCe 20 law.
20 impede the enforcement uf saiutsry
statutes and largely 20 defeat their pUr-
pose
\ Follow ing the vigorous attack upon the
interpretation of the law by the Appellate
Court. attention IS called % The fact that
the statute creating this court provides
that the court may al any time certify
90 the Supreme Court OF the United
States any propositions OF law concerning
which g. desires the construction OF that
court for its proper decision Judge
GrosscUp IS asked 10 go O. the Supreme
Court before the -e-argumenr Of the case
and secure from this final authority an
authoritative Interpretation 0t the LEGAL
points involved This is declared % be
only fair and right in the interest Of
justice