Rock Island Argus., 1908-07-25
Hope for Ultimate Conviction OF
Standard Oil Conn.,
pany.
CONFERENCE is HELD
Government Prosecutors Will
Take Case to United States
Supreme Court.

Chicago, July 25.-United States Dis
trict Attorney Sims and his assistants
are straining every nerve to regain the
$29, ,240, 900 fine which was cancelled
by the decision of the court of appeals.
The course of action as now mapped
out by the government is understood
to include an application by the attor-
ney general for a writ of certorari and
a petition for rehearing before the
United States court of appeals.
Mr.. Sims and his aids, James H.
Wilkerson and Harry A. Parkin, were
in telegraphic communication on this
subject with Mr.. Bonaparte yesterday.
The local department of the bureau of
justice probably will devote its atten-
ton TO the application for a rehearing,
while Frank B. Kellogg, who will be
called into the case at the suggestion
of President Roosevelt, will. it is un-
derstood, prepare the action that is to
be presented to the supreme court.
Although the president directed the
attorney general to Immediately take
steps for a retrial of the case, his in-
struction, it is said, may not be inter
preted literally by counsel engaged in
the prosecution.
Attorney ROsenthaI Talks.
Attorney Moritz Rosenthal of coun-
sci for the oil company declared that.
notwithstanding opinions to the con-
trary, the victory was based upon the
merits of the case and not upon purely
technical grounds.
The unanimous decision of the
court of appeals speaks for ITSELF" he
said. Il invoke its careful reading by
| the unprejudiced mind to determine
the question as to whether the rever-
sal is because of merely technical or
| substantial errors of the trial court
and the prosecution. Fortunately for
republican institutions and for the
safety and preservation of our liberty,
there stands above and beyond both
the prosecutor and defender an impair
tial tribunal that finally weighs in the
balance the merits of a cause and then
renders its decision, uninfiuenced by
consideration other than the desire to
do simple justice"
| GrOsscup Says Decision is Final
New York. July 25.-Judge Peter s.
Grosscup of Chicago. one of the three
judges who reversed the action of
Judge Landis in fining the Standard
Oil company s29,240,0 900, yesterday de-
clared at the Waldorf-Astoria that the
decision of the court of appeals was
practically final. The judge then said
that neither the attorney general nor
anyone else had any right to demand
a retrial of the case.
"All that can be done,' he said, lis
TO apply to the United States supreme
court for permission to reopen the
case 1t cannot be done without the
courts consent, and under the circum-
stances cannot be retired.
"In October the attorney general may
apply to the supreme court for writ
of certiorari to reopen the case before
Judge Landis This is all he can do"
Nothing TO Say About Teddy.
Judge Grosscup merely smiled and
refused to make any comment on the
presidents order to Attorney General
Bonaparte to have the case retired.
"It is not meet that l should enter
into a discussion with the president"
he said. "Ihe court can take care Of
itself in the court room. The president
Icomes into court with no greater and
no less privileges than is accorded to
any other private citizen"
will you comment on the presi
: dents action in your capacity as pri
lvate citizen?" he was asked.
Anything l might say" he replied
would not be looked upon as coming
from a private citizen, but would b,
regarded as coming from me in my ju
: dicial capacity, and therefore prefe
to say nothing.
Not Disturbed.
Had any good, all-around lawye
who had studied the case said that th
lopinion would have been different
y 1.-THE case of weaker defendant. I
S. might have been somewhat disturbes
n But the comment of the president ye
S, lterday does not disturb me. That's a
It care to say in addition to what
e wrote last night for the press. | al
K not provoked by the presidents stat
e ment."
" president Roosevelt Is quoted a
IS having ordered an immediate retria
Is