Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1908-08-27
ASK REHEARlN(,
IN REBATE CASE
DOndpaTte Strikes at GT0sscup
and Defends Judge Landis.
CALLS FOR A tEV FINE

Charged With Stealing $4,000 From
United States Sub Treasury In Chi
ago-Democratic Vice Presidential
Nominee Notified-Fail to Wed,
Girl Is Sued Judge Ermentrcut
observation-disclosures Pure Food Law
Declared unconstitutionaI--8a ptists
Form a Bible Conference.
Attorney General Bonaparte filed in
the United States circuit court of ap-
peals at Chicago his application for a
rehearing in the reversal of the $29,-
100000 fine decision in the Standard
Oil case. The attorney general takes
issue with the court on all the essen
tial points OF the ruling recently hand
ed down here.
The government contends vigorous
ly and with references to the record
that the reversal of the case, SO far
as the ruling of the trial judge with
reference to ignorance on the part of
the shipper as a defence is concerned,
is based on misstatement by the
court of the record in the case as to
the admission of the evidence and to
misunderstanding by the court OF
what the trial judge ruled with refer
ence to the admission OF evidence, and
how he really charged the jury.
1t is further asserted that the court
Of appeals has done a great injustice
to Trial Judge Lands in misstating
what he did in connection with the
imposition of the fine on the Standard
Oil company
The circuit court Of appeals in its
opinion charges that Judge Lands
assumed to 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 com
pany Of New Jersey was not a virgin
offender"
The government shows in its petit
tion that Judge Lands never referred
to the STANDARD Oil company OF New
language used was used in connection
with the Standard Oil company OF IN
diana, and that nowhere We're the pro
eeedings directed or pretended to be
directed against the Standard Oil com
pany Of New Jersey.
1t appears from the record in the
circuit court OF appeals that the mel
profit of the business OF the Standard
Oil company OF Indiana, the corpora
ton that Judge Lands fined, for the
years during which the violations OF
the law for which it was convicted
were committed and including the year
in which it was indicted, amounted
to $33. $50, 20S.8O.
On this point the petition states:
I'VE respectfully call the attention
of the court to the statement OF the
Standard Oil company of Indiana on
file in this case, referred to by the
court in its opinion and treated as
proper for consideration in determin-
ing whether or not the penalty sas
excessive"
The punishment therefore, Mr.. Bo-
naparte says, is no more severe than
is inflicted upon letter carrier who
steals letter and is sent to the peni-
tertiary for three years, thereby de-
priving him OF his earning capacity
for that time 1t is not nearly SO Sc
we're as the minimum penalty of five
years in the penitentiary imposed upon
a banker who misapplies the funds OIL
his bank.
The government claims that on ac-
count of the size of the fine alone
there. is no necessity for a retrial OIL
the case; that the circuit court OF ap-
peals may, itself, name the fine which
should be imposed, and calls upon the
court to do SO in case it adheres tol
the view that Judge Lands abused
his discretion in imposing so large a
fine