The Montgomery advertiser., 1908-08-22
PETITION FOR
 A PREPARING Is Filed by the Govern rnent. THE STANDARD OIL CASE Attorney General Bonaparte Ap-
 pears in the Arena. Filing of the Petition Represents the Administration's Attempt to
 Save Certain Acts from
 Becoming Futile.
 

Chicago. Aug .2I.-The Governments petition for rehearing by the United States Court of Appeals of the case against the Standard oil Company Of Indiara> was filed today and represents It is authoritatively stated. the admin istratfon's attempt to save the Elkins Act and the interstate commerce law from becoming futile.
 The filing of the petition marked the appearance of Attorney General Bonaparte in the case. as we'll as that of Frank B. Kellogg, who Is a spe- clal assistant to the Attorney-Gener Besides these two nafnes, tho petition is signed by Edwin W. Sims, United States District Attorney at Chicago, and Special Assistant James H. Will kerson, both of whom presented the Governments side of tho case in the hearing before Judge Landis, who ad- ministered the famous fine of S2e.240,- 900 against the defendant.
 Although it ia not specifically stated in the petition, 1t was agreed by coun- sel for the Government in their confer ence at Lenox, Mass, following the re- versal by the appellate court Of Judge Landiss decision, that if the interpre- tatton of the law given by Judges Grosscup, Seaman and Baker were all lowed to stand. successful prosecution of rebate cases against corporations would be impossible in the future. The lawyers at that conference over which tbe Attorney General Of the United States presided. were a unit in expressing the opinion that the re- forms in rebate matters brought about by the Roosevelt administrations would represent so much waste of time unless the upper court can be con- yinced that 1t is in error in It's con- strnction of the law.
 Rulings Criticised.
 40n but a single point involved in the trial up to the return of the ver- dict of guilt says the petition. "are the rulings of the trial court criticized by the Court of Appeals. Tn all other particulars, his rulings are sustained The point upon which the trial judge $ reverted by the Court of Appeals relates to his ruling on evidence and his charge to the jury with reference to ignorasice on the part of the Stand- ard Oil Company of the lawful rate as a defense, The Court of Appeals. in is opinion. has not correctly stated how the judge ruled on this subject ''
 Continuing, the petition declares that, whereas, the opinion of the Court of Appeals states that Judge .Landis refused to admit evidence to the effect 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 evidence was admitted. Although the Government points out what 1t considers other er- TOTS in the opinion of the appeilats court, the allegation that the standard oil Company did not know that 1t was not paying the legal rate. Is regarded as the vital point.
 If. with the evidence introdnced at the trial before Judge Landis can be held that the defendant did not have guilty Knowledge of it's oficial acts, then successful prosecution of similar cases is regarded as impossible. All the years of legislation designed to correct rebate abuses would have to be repealed.