Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-08-22
SEEKS TO SAVE ELEINS Law
Government Files Petition for Rehear-
ing in Standard Oil Case.
POINT OF KNOWLEDGE IN ISSUE
Court of AppesIs Reversed Case,
Claiming Company Was Not
shown to Have known
Legal Rate.

CHICAGO. Aug. .el-The governments
petition for a rehearing by the United
states court OF appeals of the case against
the Standard OIL company Of Indiana was
filed today, and represents, it is author
iatively stated. the administration attempt
TO save the Elkins act and the Interstate
Commerce commission law from becoming
futile.
The filing Of the petition marked the ap-
pearance Of Attorney General Bonaparte l.
the case. as well as that Of Frank B. Ke,-
logg. who is a special assistant to the at
torney general. Besides 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 presented the governments 5
side Of the case in the original hearing be-
fore Judge lands, who administered the
famous fine of $4,000 against the de-
fendant.
Although it is not specifically stated in
the petition, 1t was agreed by counsel for
the government in their conference at
Lenox. Mass, following the reversal by
the appellate court of Judge Landis' de-
cision. that II the Interpretation Of the
law given by Judges Grosscup, Seaman
and Baker were allowed to stand, success
ful prosecution Of rebate cases against
CORPORATION would be impossible in the
future. The lawyers at that conference,
over which the attorney general of the
United States presided, were a unit in
expressing the opinion that the reforms in
rebate matter brought about by the Roose-
Welt administration would represent so
much waste of time unless the upper court
can be convinced that it is in error in its
construction OF the.law
single Point in Issue.
"On but a single point involved in the
trial up to the return of the verdict Of
guilty" says the petition, are the rulings
Of tho trial court criticised by the court OF
appeals In all other particulars his rlll-
ings were sustained. The point on which
the trial judge is reversed by the court Of
appeals relates 10 his ruling on evidence
and his charge to the jury with reference
to ignorance on the part Of the Standard
Oil company Of the lawful defense. The
I court Of appeals in its opinion has not
/ correctly stated how the judge ruled on
! TINS subject"
/ Continuing the petition declares that
whereas the opinion Of the court of appeals
states that Judge lands refused to admit
evidence to the effect that the STANDARD
. oil company did not know what the lawful
rate was the record Of proceedings in the
lower court shows that such evidence was
admitted.
Although the government points out what
. II considers other errors I'm the opinion OF
the appellate court, the allegation that the
Standard Oil company did know that II was
not paying the legal rate Is regarded a;
/ the vital point. II, with the evidence in
t troduced at the trial before Judge Lands
. II can be held that the defendant did not
| have guilty knowledge Of It's own acts
t then successful prosecution Of similar
/ cases is regarded as impossible. All the
years Of legislation designed TO correct
rebate abuses would have TO be repeated.