The Washington times., 1908-08-01
Government Trust Busters"
Determined to Win Ali
Legal Battles.
LOOK FOR PAYMENT
OF $2e,24O,OOO FINE
Expect TO Win Case on Retrial, as
Well as S3o,OOO,O 900 Suit in
Tennessee.
By I. c. WELLTYER.

The great battle OF the Government.
with the Standard OIL Company, Is only
begun.
Despite its defeat in the first round OF
one minor engagement, the Government
agents are by no means downcast- In
fact. II can be said on the very highest
authority that they are just as conf
dent as ever Of winning in the end
Uncle Sans law officers expect:
That they will finally win the suit
invCi wing the rebates from Whiting.
Ind, 10 East 81. Louis. and the 1921
900 fine.
That they win win the big case IN
Tennessee. which will soon come 70 trial.
involving 100 counts for rebating. and
a minimum fine OF sl.5OO.0o0, with a
maximum OF 5000 coo.
That they viii win the case now pend
ing In the circuit court at St Louis.
10 dissolve the Standard OIL Company.
More than this II can be said that the
loss OF the decision IN circuit court re-
Gently. when the Whiting case was sent
back FOR retrial, was not unexpected.
The well-knoWn attitude Of mind OF
Judge Grosscup had been discounted by
the Government people. and they eX-
pected that his influence might be
against them
VIEWS OF OmCldlS-
The following statement OF the sItua-
ton is given By the best Government
authority now accessible. and represents
] the views OF the people most intimate
with the procedure IN the cases For
manifest reasons I Is impossible 10
quote any particular individual
The lands .decis' on IS believed 20 be
good IN law, and based on a showing OF
| facts which cannot be overturned The
| Grosscup ruling does not defeat the
| Government in IT'S effort TO impose the
+ big fine because Judge Grosscup's de-
! cision did not reverse the lands rul-
| ings. but simply reInanded the case 70
the lower court for retrial. within the
| Limitation Of certain conditions placed
about it BY the appellate court
There are two possible procedures, one
/ being 10 take the whole thing TO the
| Supreme Court by application for writ
| of certiorarL This proceeding, while not
| unknown IS unusual. ana its feaSiD tIty
/ IS doubted Much more likely. the case
1 Will be retired in the district court IN
/ such a trial. Il is expected, jury VIII
| be secured; and the Government experts
/ are confident as ever that no jury VIII
| fail 20 convict the company.
| The restrictions with which the cir
| cult court decision has hedged about the
! retriai will net prevent the Government
| introducing anything essential 70 the re
| trial, or to establishing, on the retT1aL
| everything which Influenced the minds
OF the Jurors on the first trial
A Peculiar Statement
on the first trial. It Is pointed out
the traffic agent OF the Alton gave tht
assurance that he believed the 6-cen
rate legal His statement was peculiar
and the Governments reply simply
is that the jury didn't believe him Th'
testimony OF the Standard OIL people
that they didn't have any reason Il
doubt the regularity OF the rate. like
| wise was not believed by the Jurors II
view OF the showing OF complete init
macy with traffic conditions by TIT
! Standard people IN other directions
| To get the case once more before
Jury Is the one thing for which tn
Government lawyers are anxious II
that case they expect once more 10 wiz:
II they win, they anticipate appeal q,
the Standard TO the circuit court OF ap
peals and then 10 the Supreme Court
The Supreme Court Is regarded a
even more likely 10 stand by the Gov
eminent, than the circuit court OF ap