The Barre daily times. (Barre, Vt.) 1897-1959, 1908-11-24
OIL CASE TO
SUPREMECOURT
Acknowledgement Files Peti-
ton For Writ Of CertiOrarl
APPELLATE COURT'SPOWER
Bonaparte Thinks Exact Status Of the
Circuit Court Of Appeals Respect
ing the Sentence" Should
Be Defined.
APPELLATE COURT'SPOWER

General Bonaparte this morning filed in
the supreme court OF the United States
petition for a writ of certiorari to the
circuit court of appeals for the seventh
circuit to review the Judgment of tnat
court reversing the rulings of Judge
lands in the Standard Oil case.
The petition sets forth the law and
the facts upon which the prosecution
was based, the rulings Of the trial
court and tine propositions Of the cir
cult court of appeals reversing the
Judgment Of the trial court. II then
states the contentious Of the govern.
nent on the law as to the presumption
Of knowledge Of the lawful rate by the
defendant, as TO the testimony admit
ted and excluded, and as TO the carload
bsing the proper unit of the offence.
On the question of the amount Of
line and the supplement inquiry, the
petition says:
"The trial court committed no error
by holding the supplemental inquiry.
The trial court was not proceeding
without authority. or exceeding its au-
thority, but was proceeding under the
statute and acting within the limits Of
punishment fixed by the statute. II
80, there was no question Of error of
law 70 be reviewed, and the appellate
court had no legitimate function TO per-
form respecting the sentence. In con-
demning Judge lands on this account
the appellate court exceeded the bounds
Ct its authority and usurped judicial
power not belonging to Il.
The attorney general conceiyes it to
be very important that the true doc
trine in this matter should be settled
for the direction and control OF federal
appellate courts throughout the coun-
try. lie submits that the right Of ap
peal at all in criminal cases is later
growth in the law, is a matter Of ex
press grant, and should not be carried
beyond its true scope.
Originally. when defendant was
tried snd convicted that was the end
Of il. In giving him the right of APP
peal the law never intended that the
appellate tribunal should interfere wi,h
the sole discretion Of the trial court in
regard to the character or amount OF
the punishment imposed. To do so is
to interfere with the discretion Of the
lower court on the one hand and with
the pardoning power on the other.
But If this court is Of opinion that
AlYa dy,4txiv,a ntasnI se thn 4rt,o rsrla
and that an appellate court may revise
the sentence. then we say that there
is authority for the view that the court
of appeals here had the right to enter
such sentence on the Judgment Of con
yietion As to it scented proper. and
was not called upon to send the case
hack TO the trial court for that reason
at least, and that on the same ground I
this court, under its power to affirm, re-
verse or nsodify the Judgment Of low
err court in a criminal case, may cor
rect any mistake in reference to the (
quantum of punishment by imposing !
now such sentence as ought to have /
been imposed by the trial court"
The petition then states the reasons !
for the issue Of the writ, as follows;
l. II y iHEHlN utSilaAft III tue pun /
lie interest and to promote justice in I
the further prosecution and final de- /
of this particular case,
considered and by itself
90. It is indispensable for the in
struction and advise Of the government /
In the intelligent administration and en-
Of the laws involved.
g. It is necessary for the control
md guidance Of the federal courts in
iisposing Of similar cases now actually
pending or likely to arise in the near
future.
IA. The issue Of the writ is neces
sary also in order that the business
and the epople at large may
b. informed and advied as to the mean
ing Of the law by the judgment Of this
curt"