Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1908-08-21

Chicago, Aug. 21.-The govern
ment's petition for re-hearing by the
United States court of appeals of the
case against the Standard Oil COM
pany of Indiana was filed today,
and represents, it is authoritatively
stated, the Administrations attempt
to save the Elkins' act and the in
terstate commerce law from becom-
ing futile. The filing of the petition
marked the appearance of Attorney
Geneg-l BoNaparts in tho case,ss as
well as Frank b. Kellogg, who is
special assistant to the attorney gen.
eral Besies these two names the
petition is signed by Edwin w. Sims,
United States district attorney at
Chicago, and special assistant, James
II. Wilkerson, both of whom present.
ed the governments side of the case
In the original hearing before Judge
Landis who administered the ia
nous fine of 1920, 600 against the
defendant.
Although not specifically stated in
petition it was agreed by counsel for
the government in their conference
at Lenox, Mass, following reversal
by the appellate court of Judge Lam
dis decision that If the interpreta-
ton of the law given by Judges
Grosscup, Seaman and Baker was al
lowed to stand successful prosecution
of rebate cases against corporations
would be impossible in the future.
A synopsis of the governments
petition for rehearing is as follows:
The government presents its petit
ton in accordance with the rule OF
the court.
The indictment in the case was for
q violation of the Elkins act of Feb
ruary 18th, 1903, making 1t crime
to accept a concession whereby any
property is transported in interstate
commerce at less than the published
and filed rate.
1t was proved at the trial that the
Chicago & Alton Railway company
transported to East st. Louis, Ill,
and St. Louis, Mo, 1892 carloads of
oil.
In all the dealings between shipper
and carrier each carload was treated
as a distinct transaction and ham
die as a distinct piece of business.
The published and filed rates on
this business were eighteen cents per
one hundred pounds to East st. Louis
and nineteen and a half cents to st.
Louis The Standard Oil company
actually settled on the basis of six
cents 20 East st. Louis and seven and
a half cents to St. Louis
These facts were admitted.
The Standard oil company inter-
posed the claim in defense that the
Elklns act was unconstitutional; that
the tariffs had not been posted in
lA gfp aT 4
interposed many technical defenses.
On but a single point involved in
the trial up to the return of the ver-
diet OF guilty are the rulings OF the
trial Judge criticized by the court
OF appeals. In all other particulars
his rulings are sustained.
Tire point on which the trial Judge
,rsed by the court OF appeals
rela. - MS ruliy = ron evidence and
his cI,NN\\N IA 2 jury with refer
she9 sts9sS2 ,l R pany an t"s Of pds tne lawful la m
rate as a ,R~Shse.
The court Of appeals In its opinion
has not correctly stated how the
Judge ruled on this subject.
1t is said in the opinion that he re-
fused to admit ey. lence 10 the effect
that the Standard oil company did
not know what the lawful rate was
The fact is and the record so shows
that an evidence tending to show ig-
norance on the part Of the Standard
OIL company was admitted for the
consideration Of the jury.
This evidence was largely that OF
the traffic manager of the Standard
OIL company. Bogardus. who swore
TO conversation with Hollands the