Daily press. [volume] (Newport News, Va.) 1896-current, 1908-12-20
OIL TRUST ANTACON|zES
GOVERNMENT petition
Contends That Policy Of Law is
Against Review Of Case
Now Involved.
s2s,o0o,oCo QUESTION At ISSUE
Standards Brief Is Technical IN
Characte Made That
Oil Company Made Effort to "Dis
cover Le-aI Rates"-Government
Accused Trust Of Accepting Rebates



WAASlilNGTON. u. G., Dec. l9.-
TIL" Standard OH C0mpany's brief in
the proceedings of the lniteu S ATS
against that company en- tn" chare"
of acr"rtfh" rebates from til" ChiCa-
20 & Alton Railway Con-, any. in
which the United states district court
for The NGrlhern di:tric, OF Illinois
imposed fin" Of s2o24".""". was to-
&av fled in the Snpromc Court Of the
Inited States.
The, case GENES 10 The court on
PETITION hv the goyHrnmeH: for I W.
Of c'rtinlari trin@irg il ny for re-
view Of the decision &C. he Init"'!
a.rs Circuit Court of Arn'cis Cor
The Seventh circ'Iit hr which court
the district courts decision WAS re-
IcTs.d
Brief hntaoonizes Government.
The brief autae0nizeS the petition
and This OpDo :ilion is has d pr'nci-
ral!r on the ground that the Inv
does no, authCriZ" a review by IN"
Supreme Court on the application OF
the government on a judgment of III"
Circuit Court Of Appeals in Cr!mi-
raj case H. which 4 writ Of error OF
he defendant is sustained and dis
posed OF bv reversing ;he Judgment
and sentence of the trial court.
1t is commended that in case OF
this character writ OF cortiorari is
equivalent to writ OF error. and
that the policy OF tn law is against
the review Of ju1em"nt in favor of
the accused in criminal cae, at the
instance Of the government
Much OF Brief Technical.
Much OF the BRIEF IS technical IN
charact,r. hit there are occasional
passages which depart from that
characts riyation. 1t is pointed ont
that while six cents was tn" lawful
rate on petroleum. for ali shinm"n's
from Chicago TO Fas' St. o,'s. OK
cent from the stations at Epst Chi
caeo. HAMMOND. Indiana Harhnr and
Whiting or other suburban switching
points IN Indiana.
From these points the gov rnmen'
contends that the railroad was reGutr-
cd 10 charge IS c"-ts Ter hundred. o.
three tines tn Chiraan rate and hat
therefor" The Standard ConDanv
which shipped from the srhuTh o.
Whiting. n the Chicago rae wa>
properly mulcteCi hv the distTir. corr
| in the s,-r1 OF 500 nOA.Oco cor ""t
| ehinpirs ~ and paving nroh''':ti'"
~r'c Of three times as much % IL"
Chicago rate"
cor-ary Made Due EHc-'.
Contention * made :ha' dive 81 =
was made on behalf Of the St"r!" n
i Comrarv 70 discover II" legal rate.
ord :, is urged thGi the common"
honld not /" hold responsible" FOR
; II failure in that respect
Continuing the brief saws:
"Corree' as well as tn" tr;aI cow
AVE Overlooked thn Chvi0':s "ons;'f~-
| atior tha+ n" con: rolling DIrITs" q!
| tho acfS 20 rcgulat" conner" : 20
/ promote ard fac'iitat" com'rerc" and
! 10. to hamper or des:rov II
"Coune.1 argues the ccn'"r'io, ~
tho Elkirs' amendmont as II CnT"rC
| in passing II regarded the oh:T:1"r:
az commodities in interstate. com
nerce as fraUCh' with OWL or 4 n-"-
ito n" safety or moral =: Societ"
| ard that il wrs therefor" =" y" bur
dcrcd With pcna! restr'r'jOas. and
tina. stirr"re ere tc 10 hali to 2 wv
4 ~ o. 'is'IlCn N ''F W
~ which 'hov shin ~" IN" c''r-"n'
lawful flod ard u';h'ISred ra;'- $40"
aG rps hc"n IL "vtr"no" c"e"s arnit""
| % dan ,hon keepers s"n'"~ 'i"r"r
20 minors CT druggists. selling ~: =
ons
eo~~e-cc WouI6 &c Restrained.
"TC ehin"ore vC-" required O." car
=, =, h-,Sinc rndrr srrh r-''' - Il"
diligence ~ n" 'oCrival"rt ~ Fr"T
"Irc' az the risk Of crini"ai ~" g
4 crIt:cn and scvnr" r"~?l'i"s. i"'"r
s'afo cnpwcrcr would b. ~-"'t' -.
| srr7in"d I'D Gim'rish"d " no 10
strovci. What Is aid " ~" "n'ii7r
or Tho Circuit C0rrt of NTTCa'S l.
ar On this question
In conc1ue;cT II ie urE"d hat 'ho
| -rs~,irg ~ tho writ would not ="
justified