New-York tribune., 1908-08-22
MI, PETITION FILED
FINE UPHELD,
sqrosscup Cited against Self-Plea
of Ignorance CoT6dted.

rz--The governments petition Tor
-s.~-sng by the United States Court Of Appeals
- -ase against the Standard Oh Company OF
@ -. xvss a.ed to-day. and represents. it is
ln.+velv stated the administrations attempt to
w." -. F-kins act and the Interstate commerce
s'e -, heco71liag futile. The petition cites Judge
s.cz,p against himself in the case of the United
- sr- T4anley Il Fed Rep, e72-sT5.
s" 80 case passing upon Indictment under
" ,-srtnsl interstate commerce act charging
.e -. f-orn published schedules by giving re-
oepe T-5re crosscup held that each shipment,
60 t,v the subsequent rebate. might constitute
ss,avvful departure from the schedule rate"
~ - sI,re of the petition marked the appearance
..-,sv General Bonaparte IN the case well
o o. +hst of Frank 3, KeIlogs special assistant 70
-. Attorney General
Oxides these two names the petition is signed
- ". Sims. United States District Attorney
@-e.,srn and Special Assistant James H WilRer-
D ..es of whom represented the government in
So ,-.r4nsI trial before Judge Landis. who admin
..-ss the fine OF s2s,2s0.o0o.
s,.rnrh IT is not specifically stated In the peti-
= :. vas agreed by counsel for the government in
s.- recent conference al Lenox that Il the inter
.s-on Of the law given by Judges Grosscup. Sea-
and Baker were allowed to stand successful
s-,+ion OF rebate cases against corporations
90 be impossible in the future
POINTS OF THE PETITION.
n b,,+ a single point involved in the trial up to
- ,s-,-n of the verdict OF guilty, the petition
the TUilaSs OF LDe y4OS6 SIllClSSO
- The Court of Appeals. In all other particulars
rs rulings are sustained
The poiut on which the trial judge is reversed oy
-. -o.,rt Of Appeals relates 10 his rulings evil
80 end his charge to the jury with reference to
.-o-snce OF the part Of the Standard OIL Company
- ,Ae lawful rate defence.
The trial Judge ruled that Ignorance on the part
"a. simmer OF what the lawful rate was could be
s-,s-nossd SIS defence but that it would not con-
r.itute defence II it appeared that the ignorance
-s. .he result OF neglect the part Of the ship
,- ar OF wilsul failure the part Of the shipper
resort 10 lae SOURCES u 4iilO1 it1'-01 '--i 49,
svslsble
-se government contends that this is the correct
sonstruction OF the statute on this subject
The Court OF Appeals lays down the rule that II
Is necessary for the government to show beyond
sssoaable doubt as a part OF its case, that the
.s3nper actually knew what the lawful published
ard zlsd rate was
ELKINs Law THREATENED
rs. eovernnnent contends that this is an impos-
ele r1le: that it Is contrary the purpose of the
-1dus sct: that II is contrary to the general rule
suuicable in criminal that, put into effect II
-oud make Of the interstate commerce act "a
.-s-e vl-o'the-wisp OF legislation. phantom stat
rte destitute OF strength or substance
Tba government contends vigorously and with
rxssrsaces 10 the record that the reversal OF the
czss SC far as the ruling OF the trial judge with
-zssrerce 70 ignorance on the part OF the shipper
CT z
statement By the court Of the record in the case
Is Il the admission Of the evidence and to mis-
aderxtanding by the court Of what the trial Judge
--ed with reference 70 the admission Of evidence
sas how he really charged the jury.
ne government strenuously contends that the ef-
<set Of the construction OF the statute announced
by the Court OF Appeals is 20 pulfy the Interstate
Commerce act SO far shippers are concerned, to
-asse its enforcement impossible, and TO plunge
the eountrv again into the deplorable condition or
railroad determinations ana favoritism which ex-
isfed prior it's passage.
Tie government contends that each shipment is
the basis Of distinct offence, and that in this case
each carload was 4 separate shipment
The Circuit Court Of Appeals has held that there
Is oniy one offence for each settlement for freight
II appears from the record IN the Circuit Court
q Aprsels that the net profit Of the business OF
the Standard Oh Company OF Indiana the corpora
tisn 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 Il was indicted amounted to S3-5S2 2s So
TIE PENALTY JUSTIFIED.
Cu :his point the petition states:
We respectfully call the attention Of the court to
shs statement of the Standard OIL Company OF n
diana file in this case. referred 10 by the court
n its opinion and treated proper for consldeIa-
EioR determining whether or not the peIla4tS
vas excessive
That statement shows with reference TO the as
ses and liabilities and profits of the Standard on
Company Of Indiana the following
on. COMPANY OrTDIANAD.