The Washington herald., 1908-07-23
BONAPARTE HOPES
FOR A new TRIAL
Discusses Remission of the
S29.240,0O0 Fine.
THINKS LAW IS DEFECTIVE
Declares as Present Statates Prevent
Case Going 10 United states su-
Preme Court They should Be
Remedied-standard OF, COmpany's
Counsel Takes Up Decision.

Leuox. Mass. July 22-Attornev General
BonaparJe learned Of the decision OF the
United states Court Of Appeals in the
STANDARD Oh case tH.s afternoon just be
fore he went in TO luncheon at Hotel
AspiuwaL
He was greatly Interested in the brier
bulletin which was shown him. bur re
did not seem al all surprised
When asked for an opinion by the re-
p0rters. 1Ir. Bonaparje said.
As yer 7 am not informed as 70 the
grounds OF the decision, and until I am.
can have little 20 say about it. There Is
one feature Of the case. however. TO
which public attention can be ard should
be called a. once A suit OF such i'm
portance certainly ought 10 be submitted
fo- final decision 20 the Supreme Court OF
the United States. but since the Court OF
Appeals has decided against the govern
ment. this cannot now be done.
There is no good reason Of Justice
or public p6iicy why there should not be
an appeal from the decision by the United
States. but the statute permits none. Al
though Congress has been repeatedly
urged by successive Attorneys General
70 enact a more comprehensive law per
hitting appeals by the government in
criminal cases. As Z said IN nv last
annual report, I think this gives an IN
reasonable and unfair advantage TO
wealthy defendants IN such cases. and I
hope the defect in the law viii be rene
died at the next session Of Congress
On being asked il the case would be
again tried, Mr.. Bonaparte replied
! shall be much surprised II Il e not:
bUt really cannot discuss the matter
further until have seen the opinion"
Trusts Counsel Talks.
Chicago. July From the Office Of
A D. Eddy. general Western counsel Of
the Standard Oil Company. a statement
was given out by John s. Miller. senior
counsel for the company dur
ing the trial and by Moritz RosenthaI.
one Of the leading attorneys IN the trial.
The statement was concurred in by the
remaining attorneys connected with the
case.
The official statement is about 100
words in length and sets forth the reasons
on which the upper court decided as 1t
did One point which the statement de-
clares led the upper court 70 reverse the
trial courts imposition Of the fine OF
81. .240.OJ0 was the legal ground that the
cannot be convicted for accent
ing concession Of the lawful published
rate unless it is shown that such shipper
knew what such lawful published rate
was, and in accepting a less rate. did so
knowingly and Intentionally
Another point governing the upper
courts decision the statement declares
was based on the ground that the trial
court erred in holding that the number of
ofenses committed was equivalent 10 the
number Of carloads shipped
Trial Court Used Discretion.
Stiu another point referred to WAS the
that the trial court used its
discretion by the Investigation It conduct
ed after the verdict OF the Jury. and in
measuring and exaggerating the penalty
10 be imposed by the ability Of the Stand
ard Oil Company Of New Jersey which
was not a defendant or a party to the
suit
In view OF the courts exhaustive DIS
,ussion on the questions Of intent and the
Of the tariffs on which the
whole OF the governments case IS predi |
,ated." the statement says, I'VE are OF
the opinion that II viii be Impossible for
the government successfully again to
prosecute the case
The question whether the established
rate was IS cents IS one upon which
Continued on Page 8, Column 4.