The Detroit times., 1908-08-22

that II is contrary to the general rule
applicable in criminal cases; that pu;
into effect IL would make Of the inter
state commerce commission act
mere will-'o-the-wisp" of legislation,
phantom statute, destitute OF
strength or substance.
Proof Defendant Did Not Know.
The government contends that an
examination OF the record will show
.a.-.-sstit.s.- ..,ta,s.l-z-...s.-slss-.
testimony tending 10 show want OF
knowledge. but that. on the contrary,
all proper evidence tending 10 sho@
that The defendant was ignorant OF the
facts with reference TO the legal rate
was admitted for the consideration OF
the Jury and that there was ample
evidence 10 show that the defendant
Gid know what the legal rate was.
The government contends that the
effect nt the construction " the stat.
ute announced by the court OF appeals
IL 10 nullify the interstate commerce
act 50 far as shippers are concerned;
! 10 make IT'S enforcement impossible.
sa4t4
the deplorable condition OF railroad
determinations aud favoritism which
existed prior 10 its passage.
The government contends that the
court OF appeals has no right 10 place
this construction upon the statute ia
the face OF the fact that the very
question involved in this case has
been expressly left open by the SUI
preme court in the Armour Packing
Co case. recently decided by that
/ court
The government insists that before
! laying down this harsh rule and prac-
! TREATY. uuft11v17IE rrIg INV rr1u cOurr u
| appeals should certify in accordance
with the statute this question to the
| supreme court for its decision; that
no court short OF the supreme court
should practically undertake to wipe
the interstate commerce act from the
! statutes
The petition states. Before the
government is required 10 try this
| case under the rigid rule Of construc-
ttUn taiit Town by this court, Is It not
| manifestly fair and right 10 the inter.
est not only OF Justice In this case.
| but IA the interest OF final and def
mite construction of this important
statute. that judgment be taken Of the
highest tribunal OF the nation
Each Shipment an OHenss.
T IA
| shipment is the basis OF distinct of
l Tense and that Ia this case each car
load was a separate shipment
The circuit court Of appeals hes
held that there Is but one ofense for
| each settlement for freight
The government cites against this
the opinion Of Presiding Judge Gross.
! cup in the case OF United States vs.
Hanley. H. fed. rep. 572 o75 Ia which
thar Judge laid down an exactly con.
frary rule 20 the one which he laid
down In the Standard Oil case.
The government contends that the
rule laid down By the court 1f appeals
IS contrary 10 the principles or the
Elkins act and leaves IL 10 the ship.
/ per and carrier 10 elect Tor how many
( onenses they will he prosecuted and
how much they shall BE- fined
! l+.t.4st+ea- 70 Judge LaH-4-s- -
The government contends ia the De
| titton that the court Of appeals has
/ done a great injustice 20 Trial Judge
Lands IN misstating what be did ia
+ connection with the Imposition NJ rtTs
fne on fhe Standard Oh Co.
The circuit court OF appeals iu its
opinion charges hat Judce Lands as.
sumed to fine the Standard Oh Co 81
I New Jersey and imposed roe large
fine for the reason that be- was salts
fed that the STANDARD OH coz az New
\ Jersey was mott a. VIRGIN cftnAeEA
The government shows in its petit
lUon that Judge Lands never referred
20 the Standard Oil Co Of New Jersey
in this connection and that The lam.
guaee used was used Ia connection
L|itht the Standard OIL CO OF indiana
Jand that nowhere we're the proceed
I ings directed or pretended 20 Dee direct
ed against the Standard OH CO. OF
New Jersey
The government takes issue With
the court OF appeals that Judge Ian
dis proceeding in this casi amounted
20 e strange doctrine In Anglo.saxoR
Jurisprudence" and says the proceed.
ings OF Judge Landis are I'm accord
anCc with the rules OF procedure point
ed out by Mr.. Bishop Be- his York on
criminal law
The government 'akes issue With the
clTCuIt C0UTr 0T aFpoafs ds 70 Is DT0D-
ositlOb that defendant cannot sc
fined more than the. value al -tho
property watch he possesses and