Omaha daily bee., 1908-07-24
WILL ASK FOR REHEARINC
Standard Oil Case May Be Reviewed
Again by Court.
SIMS WILL FILE A PETITION
District Attorney VIII Seek Rehea
ing on Probable Grounds OF Err
ror Quoted in Portions
of Opinion.

CHICAGO. July U.-Unlted States Dis
trict Attorney Sims announced positively
that a petition for a rehearing in the case
OF the government against the Standard
OIL company Of Indiana. decided adversely
TO the government by Judge Grosscup yes
terday, would be filed. Mr.. Sims today
received the following telegram from Mr..
Bonaparte:f
II feel that you and your assistants have
done everything possible to protect the in
terests If the government and promote
Justice"
That the petition for rehearing will lay
stress on two alleged errors in the quoted
portions of the opinion OF the court is the
generally accepted opinion of attorneys In
terested in the case.
Error In Quoting Record.
Local newspapers today print parallel
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
excluding certain proffered testimony, in
Guiding that of one Edward Bogardus, who,
being in absolute charge OF the traffic af-
fairs of plaintiff in error, " . offered
to testify 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 document, and
that It was his understanding and belief.
based on what he was told by one Hollands.
tariff clerk for the Alton railroad, that the
rate over the Alton road was 9 cents, and
that such rate had been filed with the
Interstate Commerce commission"
Following is the testimony Of Bogardus
before Judge Lands as taken from page
1923 Of the printed record:
The witness, in response to questions by
counsel for the defendant, was permitted
by the court, over the objection OF counsel
for the United States. that the evidence
was incompetent and immaterlal and
merely the conclusions OF the witness and
not the facts, to testify as follows:
What BogRrdus Snfd.
During the years 1 hava mentioned,
lsO1-O5, I did not see anything about an 49,
cent per 100 rate on oil over the Chicago &
Alton railroad between Whiting and East
st. Louis in any tariff whatever. MY atten-
ton 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. During the
period of time mentioned it was my under
standing and belief that this scent rate
regarding which 1 have testified was filed
with the Interstate Commerce commission;
that understanding and belief was based
on what I was told in the Chicago g. Alton
office by Mr.. Hollands. During all that
period of time in connection with their
shipment Of oil over the Chicago & Alton
railroad by the STANDARD Oil company of
Indiana as its representative in that par
ticular work / had no intention to violate
any lawful established rate of the Chicago
d Alton Railroad company. During all
that time l believed absolutely that l was
shipping the oil under a lawfully estab-
Nshed and filed rate issued by the Chicago
& Alton Railroad company" -.- ..
The papers also print an excerpt from
the record that shows where Judge Gross
cup states that Judge Lands referred to
the Standard OIL company of New Jersey
as no virgin" offender, Judge Lands
really referred to 1.-The defendant" namely.
the Standard Oil company of Indiana.
The two points given, 1t is believed, will
form the groundwork of the petition for
a Tehearing.
Governments Course Uncertain,
WASHINGTON, July 23.-In reference to
Attorney General Bonaparte's statement
from Lenox, Mass, that an appeal cannot
be taken to the supreme court OF the
United States from the decision of the
federal court of appeals in Chicago in the
Standard Oil case, it was stated at the
Department of Justice today that no ap-
peal lies under the present law to the
supreme court from a final judgment OF
the circuit court of appeals in a criminal
case as matter of right. The government,
however, has a right to present to the
supreme court an application for a writ
Of certiorari, 1t is in the discretion of
the court, however, whether a writ of that
character prayed for should be granted.
Up to this time no decision has been
reached BY the government as to whether
the Standard Oil case will be taken to
Judge Lands court for rehearing or an ap-
plication made to the supreme court for
certioTari, but 1t is understood to be the
purpose of the officials to act very
promptly in this matter.
CHICAGO, July eff application is
made to the supreme court for a writ Of
certiorari in the government case against
the Standard Oil company Of Indiana, 1t
will be done by Attorney General Bona
parte, This statement was made today by
District Attorney Sims.