The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-23
TO ASK A REHEARING.
Government Attorneys Think Court of
Appeals Erred.

Chicago, July 23.-United States Dis
trict Attorney Sims announced today
positively that a petition for a rehear-
ing in the case of the government
against the Standard Oil company OF
Indiana, decided adversely to the gov
ernment by Judge Grosscup yesterday
will be filed. Mr.. Sims received the fol-
lowing telegram from Mr.. Bonaparte:
Il feel that you and your assistants
have done everything possible to pro-
tect the interests of the government
and promote justice. l will write fully
as soon as the opinion comes to hand" :"
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 interested in the case.
Local newspapers today print parallel
statements taken from yesterdays de-
cision and from the record of the orig
inal trial.
This from Judge Grosscup's opinion:
And carried out in the ruling ex-
Guiding certain preferred testimony in
Guiding that Of one Edward Bogardus,
who being In absolute charge of traf-
ic affairs of plaintiff in error offered
to testify that he did not know any
thing about the IS 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 1t was his under
| standing and belief, based on what he
| was told by one Hollands, tariff clerk
for the Alton. that the rate over the
| Alton road was six cents and that
such rate had been filed with the in
| terstate commerce commission"
Taken From the Record.
Following Is the testimony of Bogar-
| dus before Judge Lands as taken from
the printed record:
The witness. in response to ques-
tions by counsel for the defendant was
permitted by the court over the objec-
tion of counsel for the United States
that the evidence was incompetent and
immaterial and merely the conclusions
of the witness and not the facts to tes-
| tify as follows:
During the year 1 have mentioned
| 1901-5 l did not see anything about ar
IS cent per 100 rate on oil over the
Chicago & Alton railroad between
| Whiting and East st. Louis, in any
| tariff whatever. My attention had
never been in any way called to any
| such rate by any human being or by
| the examination of any document OF
| any kind or character or otherwise
| During the period mentioned 1T was my
understanding and belief that this si1
| cent rate regarding which 1 have testi-
| fed was filed with the interstate COM
merce commission, that understanding
and belief was based on what l was
| told in the Chicago & Alton office by
Mr.. Hollands. During all the period OF
| time in connection with their shipment
of oil over the Chicago & Alton rail-
road by the Standard Oil company OF
Indiana as representative in that par
ticular work 1 had no intention to vio
| late any lawfully established rate OF
| the Chicago e. Alton railroad com
pany. During all that time 1 believed
absolutely that 1 was shipping the OF
under a lawfully established and filed
rate issued by the Chicago & Altor
| company"
| The papers also print an excerp
| from the record that show that where
| Judge Grosscup states that Judg'
| Landis referred to the Standard Oi
! company of New Jersey as no virgin
| offender, Judge Landis really referred
| to 1.-The defendant" namely. the Stand
ard Oil company of Indiana.
| The two particulars given, it is be
! lieved, will form the groundwork of thu
petition for a rehearing.