The Washington times., 1908-08-21
Government Petition De-
fendS $40, ,24O, 900 Penalty
for Standard Oil.
EXPECTS PLEA TOGO
TO SUPREME COURT
Papers Filed in Chicago Declare
Judge Kenesaw Lands Within
the Limits of Law.

CHICAGO, Aug. I.-In accordance
with the ruling Of the United States
Circuit Court Of Appeals, Chief Clerk
Small, I'm the absence Of District At
torney Sims. today on behalf of the
Government filed a petition for a re-
hearing in the decision reversing Judge
lands imposition Of a fine Of S29, ,240. 900
upon the Standard Oil Company of IN
diana.
The Government has no expectation
OF having its plea granted. When the
request for a rehearing is refused, the
next step viii be 10 get the Supreme
Court TO Vacate the decision of the ap-
pellate court by the issuance Of writ
OF CertiOrari-
In a calstic criticism of the court Of
appeals. the Government declares its
act has converted the antitrust and re-
batting laws into dead letters and open
ed wide the gates for all sorts Of cor
pOratlOn abuses in Interstate commerce.
The Government contends in the peti-
ton that the court of appeals has done
q great injustice TO Trial Judge lands
in misstating what he did in connec-
tion with the imposition Of the fine on
the Standard OIL Company.
Appeals Court View.
The circuit court of appeals, I'm its
opinion, charges that Judge Lands
assumed 10 fine the Standard oil Com
pany of New Jersey and imposed the
large fine for the reason that he was
satisfied that the Standard oil Company
of New Jersey was not a virgin Of
fender"
The Government shows I'm its petit
ti0u that Judge Lands never referred
20 the Standard oil Company Of New
Jersey I'm tins connection and that in
the language used in connection with
the Standard OH Company OF Indiana
nowhere were the proceedings directed
OF pretended TO be directed against the
Standard oil Company of New Jersey.
The Government takes issue with the
court of appeals that Judge Lands
proceeding, i'm this case. amounted TO
q strange doctrine in AnglO-SaXon juris-
prudence" and SAYS that the proceed
with the rule of procedure pointed out
by AT. Bishop in his work on criminal
law.
Petition Takes Issue
The Government takes issue with the
circuit court OF appeals as to its propC-
sition that a defendant cannot be fined
more than the value OF the property
which he possesses and states that
this rule is an innovation IN criminal
law, and, If applied, would destroy the
enforcement OF most statutes"
The Government claims that the facts
before The court Of appeals justify the
imposition of the penalty inflicted by
the trial Judge.
II appears from the record in the
circuit court of appeals that rhe net
profit Of the business of the Standard
oil Company of Indiana. the corporation
that JUQlt Lands fined, for the years
during which the violations Of the Law
-Dr which 10 was convicted were COM
g. na p rarfrf 70
Il was indicted. amounted 10 S33. .5S3 2LS. so
On this point the petition states:
we respectfully call the attention Of
the court TO the statement Of the
standard oil Company Of Indiana on
file iu this case, referred TO by the
court I'm its opinion and treated as proper
-or consideration in determining whether
or not the penalty was excessive"
Shows Firms Great Profits.
That statement shows. with reference
TO the assets and liabilities and profits
OF the Standard on Company OF Indiana.
the following profits during the years
indicated:
1883. Sil45, 750.54; 1900, S4.9S1, ,57lO4; 1901,
$5.5l9 $780, 1872. S7,5l5 9O660; 1903. $S,753,-
zlUZsi 1904, S. 7g2, ~ 1895. 50 52l, ,676 s;
1906, SIU5l6, u62. l5
The Government claims that on ac-
count or the size OF the nne alone, there
is no necessity for a retTial OF the case.
The petition concludes, In part:
1T IS therefore respectfully submit
ted: That the opinion of this court is
based upon a mlscOnception of the rec
ord with reference tC the rulings of the
trial judge as 90 the admission Of evil
utlce tending 10 show want OF knOWl-
edge and with reference 10 his con-
strucUoH OF the statute on that sub
Ject and iae theory on which the case
was tried that the evidence of BO-
Eardus, which il is claimed showed
want of knowledge, was admitted. that
it was overcome. however. 10y the facts
the evidence as an entirety was SUI
fcieut 10 show actual knowledge, or
what in law was its equivalent" b"
The petition is signed:
Charles j. Bonaparte, Attorney Cen
eral
Frank kellogg. special assistant to
the Attorney General
Edwin ". Sims, United states attOr-
ney.
James II. ANilkeTsOn. special assistant
United States attorney