The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-24
GR0SSCUP IS
ALSO IN ERROR
Opinion of Circuit Court Does
Not Tally With Record
in Lower Court.
PRESS PRINTS PARALLEL
LANDS MAY NOT PRESIDE AT
NEW TRIAL.

Chicago, July 23.-United States Dis
trict Attorney Sims today announced
positively that a petition for rehear-
ing in the case of the government
against the Standard Oil company Of
Indiana, decided adversely to the gov
eminent by Judge Grosscup yesterday,
would be filed. Mr.. Sims today re-
ceived the following telegram from Mr..
Bonaparte:
Il feel that you and your assistants
have done everything possible to pro-
tect the interests of the government and
promote justice. l will write fully as
soon as the opinion comes to hand
That the petition for rehearing will
be based on two alleged errors in the
quoted portions of the opinion of the
court is the generally accepted opinion
of attorneys interested in the case.
Parallel Statements.
Local newspapers today print paral-
lei statements taken from yesterdays
decision and from the record of the
original trial.
This from Judge GrosScup's opinion:
And carried out in the ruling exclud-
ing certain proffered testimony. includ-
=
being in absolute charge of traffic af-
fairs of plaintiff in error, offered to tes-
tify that he did not know anything
about the 1S-cent rate over the Alton
road, that his attention had not been
called To any such rate by any person,
or by the examination of any docu-
ment: and that il was his understand
ing and belief. based on what he was
told by one Hollands, tariff clerk for
the Alton, that the rate over the Alton
road was cents, and that such rate
had been filed with the interstate COM
merce commission"
Record in Landis' Court.
Following is the testimony of Be-
gardus before Judge Lands as taken
from page 1923 of the printed record:
The witness. in response to ques-
tons by counsel for the defendant, was
permitted by the court, over the OBJ
lection of counsel for the United States
that the evidence was incompetent and
immaterial and merely the conclusions
of witness and not the facts, to testify
as follows:
During the years / have mentioned,
l90l-05, did not see anything about an
1S-cent per hundred rate on oil over
the Chicago & Alton railroad between
Whiting and East st. Louis in any
tariff whatever. My attention had
never in any way been called to such a
rate by any human being, or by the
examination of any document of any
kind or character or otherwise. Dur
ing the period of time mentioned it was
my understanding and belief that this
scent rate regarding which l have tes-
tilted was filed with the interstate COM
merce commission, that understanding
and belief was based on what | was
told in the Chicago Il Alton Office by
Mr.. Hollands.
Did Not Know He Was Doing Wrong.
During all that period of time in
with their shipment of oil
over the Chicago & Alton railway by
the Standard Oil company of Indiana
as its representative in that particular
work. / had no intention to violate any
la wfully established rate of the Chi |
cago & Alton Railway company. Dur !
ing all that time l believed absolutely
that | was shipping the oil under a
lawfully established and filed rate is |
sued by the Chicago & Alton Railroad |
The papers also print an excerpt from |
the record that shows that where Judge |
Grosscup states that Judge Lands re- |
ferred to the Standard Oil company of |
New Jersey as no virgin offender. |
Judge Lands really referred to 1.-THE !
namely, the Standard Oil |
of Indiana.
The two points given, il is believed |
will form the groundwork OF the petit |
ton for a rehearing.