The Washington times., 1908-09-10
HAS FILED
ITS ANSWER IN COURT

I and received the alleged unlawful con-
| Icessions
This ruling not only plainly took
| from the Government the burden Of
I showing such knowledge. but IL took
| from the defendant the benefits OF any
evidence of showing OF the want of such
knowledge.
1T is the counsel for lie Government
and not this court. as the counsel
charge who have proceeded upon a
misapprehension of what evidence vas
IN fact submitted to TIE jury as shown
by the record. -
Argument Does Not Define.
Part three continues: "The argument
OF the counsel for the Government does
not define what they contend the rule
of law should be upon the question of
A.iowledge or intent. as applied TO this
case
Counsel for the Government are mis-
taken in their contention that the trial
court ruling was that the shipper viii
not be peTIpitted 10 avail himself Of the
defense of ignorance, where that ignOr-
ance Is the result of negligence of the
wluul failure TO resort TO the sources
or information which are available The
trial court could not so rule and at the
same time exclude the testimony of
Hollands. the Atoms rate clerk. that
he was of the opinion that cents per
100 pounds was the oil rate
Asks Question.
Part four OF the petition says; AS
10 the suggestion OF counsel that this
court grant a reheanngs in order TO
certify the question 10 the Supreme
Court for its instruction, We beg TO say:
The counsel urge upon this court as
a ground eOr allowing their petition for
a rehearing that the court may certify
10 the Supreme Court FOR It's lnstruc-
ton the following question:
Does the opinion leave one IN the
slightest dOuDtg Certainly not The evil
dence showed that the transportation
charges were paid by the shipper every
half month. There were no more Of
lenses OF accepting concession than
there were settlements, which the
proofs showed to be thirty-siX in mum
ber."
In part five. the answer says: THE
petitioner seeks 10 demonstrate inacCu-
racy by quoting from the opinion OF the
trial court that this court IS obliged /
TO confess that he is unable to indulge
the presumption that in this case the
defendant was convicted of its virgin
Onense.
Matter of No Consequence.
1T Is obviously a matter of no conse-
quence as affecting the ruling OF this
court whether the trial court here re-
ferred to the Standard ,ilI Company OF
New Jersey, which 1t SAID was the real /
defendant or the Standard OH Com /
pany OF Indiana which II characterized /
as the nominal defendant But there
is good grounds for the assertion that
the trial court referred 10 the New
Jersey Company. The real point is.
Did the trial court ia imposing pun /
take into consideration the re- Z
laTlon between the Standard OH Com |
pany OF New Jersey and the Standard I
oil Company O. Indiana, and did it base 4
its fine upon the wealth Of the Standard I
OH Company OF New Jersey
That the enormous 1ine inflicted upon
the defendant was because of the own
6rship OF its stock by the Standard OIL /
Company of New Jersey and because Of |
the financial standing of the latter cor I
is beyond dispute when the 4
entire opinion OF the trial court is read. /
Held to Be an Abuse.
The action OF the trial court in fix /
ing the fine which this court holds 10 be |
an abuse Of discretion is defended by /
counsel
Counsel can find no authority to sup
port that which the trial court did and /
This court condemns IN fixing the un-
heard OF fine
Closing Argument.
Part six closes as follows: "As to the
suggestion of counsel that this court /
grant a rehearing in order to certify
he question TO the Supreme Court for
Is instruction, is propounded the fol-
owing question:
Whether shippers who pay a rate
under the honest belief that il Is the
lawful established rate when il Is not,
are reliable under the statute
This court having decided the case
bending before il and reversed and re-
nanded the case for a new trial and
go having made up its mind and deter
mined the question involved. it is sub
uitJed that the suggestion Of certifca-
ion ln q petition for rehearinE, as the
ground thereof, is not a proper one to
be made or entertained"