The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1908-12-02
OIL TRusT PROSECUTION.
BONAPARTE APPEALS TO THE
sUPREME COURT.
Attorney General Of the United states
Applies - Highest Tribunal I'm the
Land foe Writ Of Ccrtiorari In Case
% tho Twenty-ninc Million DoIlars'
Emo Against tho Standard Oh Conn
pany.

oe certiorari In the $4,000. 200 stand
ard ON case. which today was nled In
the supreme court Of the United
states. Indicates that the department
OF justice is fully aware of. the courts
peatice of denying 30 per cent. Of such
petitions. The court grants these Pc
txtions only when constitutional Ques-
tions are Involved. and the attorney
usneral makes strong effort to have It
appear that the present case falls
within this category.
Four reasons for the issuance Of the
writ are given. as follows:
"(1) II 10 highly desirable In the
public interest and to promote justice
In the further prosecution and ,nal
determination oi' this paticular case.
considered In and by itself.
"(s) II Ia Indispensable for the In
struction and advice Of the govern
ment In the intelligent administration
and enforcement of the laws ivolved.
"(s) IL In necessary for the control
and guidance OF the Federal courts In
dispcsing OF similar cases now actual
" pending or likely to arise In the
near future. tF
"(D The issue ofahe writ Is neces-
sary also In order thet the business
community and the people at large
may be informed and advised as to the
meaning Of the law by the Judgment
Of this court
Whether" says the petition In urg-
Ing the granting Of the writ. ''the
government is or Is not right In Its
contentious. We respectfully but very
earnestly urge that the court should
Issue the writ The case Is OF the first
consequence The principles decided
control the entire meaning and pur-
pose of the law and impair the under
lying policy OF congress. II. for ex-
ample. II In necessary that the govern
msnt should prove actual knowledge
by the shipper OF the lawful rate. the
law will be altogether deprived of ef-
feet against the very shippers who vio-
Hate II. In view of the government /,
As extremely important that the Law
f.should be determined and expoundet
now. At this stage OF the present case
by this court"
1T" the attorney general says
"wili not be seriously contended tina,
Fbecause this Ii q criminal case. tn,
scourt Of appeals would have had n,
irioht to certify any question RAISED
upon this record" and the contention
n made that n the case could proper
ly be Transferred from the lower Il
the higher court by means OF certi
ncation. u can just as properly b
brought up by means OF a writ from
the higher court.
The attorney general also takes tn
position that the supreme court il YES
ted by law with authority to order an
case OF which a circuit court Of up
peais has final jurisdiction to b
brought up by certiorari and to deter
mine u In the same manner as II
had been taken up on appeal or wr
OF error by the defendant.
Mr.. Bonaparte takes cognizance {
the fact that the court Of appeals TAI
cd to consider many Of the govern
mcnt's assignments Of error and II
urged that this failure meant ths
Judge Lands had not committed othc
errors and that therefore the appe
late court decision was I'm affirmanc
by II of the other portion OF the Lane
is decision. II is pointed out. howeve
that the Standard OIL Company tak'
the opposite view. He adds:
Several Of the questions on whic
the court of appeals thus refused
pass are absolutely vital. and the pr
secution must certainly fail II the col
tention Of the defendant can be su
<ained an TO any one OF them. The r
ply informs us that they will be aga
raised at a second trial and yet Il
court OF appeals declines either to
eide them or to say what Its silen
means. A stronger case could hard
be presented for the benehcent inte
vontion of this court by certiorari."
The attorney general cites numb
of similar prosecutions now pending
another reason why the court shou
pass upon the case. IL Is understo
that the petition will be formally pl
scented To the court when II reco
venes next Monday. but II probal
will not be acted upon for some I'll
thereafter. III the petition Is grant
the entire case will be reviewed by
supreme court. II II Is denied. the {
Cision OF the court OF appeals v