The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-08-22
A Petition For Rehearing is
Filed in u. S. Court
of Appeals.
ATTEMPT
TO GET S29, 240, 900
Case Hinges on Whether the
Standard Oil Co. Knew It
Was Paying a Legal Rate
or Not-Decision Affects
Other Prosecutions.
By Associated Press.

Chicago, Aug. 21.-The govern
ments petition for a renearing by the
United States court of Appeals OF the
case against the Standard Oil Com
pany of Indiana was filed tOda. and
represents, it is authoritatively stated,
the administration attempt to save
the Elkins act and the interstate COM
merce law from becoming futile.
The filing of the petition marked
the appearance of Attorney General
BonapaTte in the case, as well as that
Of Frank B. Kellogg, who is a special
assistant to the attorney general Be
sides these two names the petition is
signed by Edwin W. Sims, United
States district attorney at Chicago,
and Special Assistant James H. Will
kerson, bOtn of whom presented the
governments side of the case in the
hearing before Judge Lands who adj
ministered the famous fine of S29 ,240,-
600 against the defendant
Although it is not specifically stated
in the petition, it was agreed by cOun-
sci for the government in their con-
ference at Lenox, Mass, following the
reversal by the appellate court OF
Judge Landis' decision, that if the in
depreciation of the law given by
Judges GrOsscup Seaman, and Baker
were allowed to stand, successful pros
ecution of rebate cases against cor
pOratiOns would be impossible in the
future. The lawyers at that confer
ence over which the attorney general
of the United States presided, wer-,
unit in expressing the opinion that
the reforms in rebate matters brought
about by the Roosevelt adminiStTa-
ton would represent so much waste
of time unless the upper court can
its construction of the law
''On but single point involved in
the trial up to the return of the We
dictNof guilty says the petition, ARE
the rulings of the trial court criti-
cized by the court of appeals. IN all
other particulars his rulings are sUs-
tanned The point upon which the
trial judge is reversed by the court of
appeals relates TO his ruling on evil
dence and his charge to the jury with
reference to ignorance on the part OF
the Standard Oil Company of the law
full rate as a defense. The court OF
appeals in its opinion has not correct
ly stated how the judge ruled on this
subject"
Continuing, the petition declares
that whereas the opinion of the court
Of appeals states that Judge Lands
refused to admit evidence to the Ell
feet that the Standard Oil Company
did not know what the lawful rate
was, the record of the proceedings in
the lower court shows that such eVi-
dence was admitted.
Although the government points GU
what il considers other errors in tie
opinion of the appellate court, the
allegation that the Standard Oil Com
pany did not know that it was no;
paying the legal rate is regarded "a
the vital point. If, with the evidence
introduced at the trial before Judge
Lands it can be held that the de
PENDANT did not have guilty knowledge
of its official acts. then successful
prosecution of similar cases is re
CARED as impossible. All the years o:
legislation designed to correct rate
abuses would have to be repeated.