Milford chronicle., 1908-08-28
ASK REHEARING
IN REBATE CASE
BOnaparte Strikes at GrOSScup
and Defends Judge LandtS.
CALLS FOR A new FINE

HHH iva
Charged With Stealing $4,000 From
United States sub-Treasury In Chi
easo-Democratic Vice Presidential
Nominee Notifed-Failed to Wed.
Girl Is Sued - Judge Ermentrout
Oead-Pennsyvania Pure Food Law
Declared observation-disclosures
Form a Bible Conference.
Attorney General Bonaparte filed in
the United States circuit court of ap-
peals at Chicago his application for
Tehearing in the reversal of the s29..
100000 dne decision in the Standard
Oh case The attorney general takes !
issue with the court on all the essen. +
tial points Of the ruling recently hand. |
I'd down here.
The government contends vigorous
~ and with references to the record
that the reversal of the case. so far
as the ruling of the trial judge with
reference to ignorance on the part of.
a concerned
is based on misstatement by the
court Of the record in the case as to
the admission of the evidence and 10
misunderstanding by the court Of
what the trial judge ruled with refer
ence to the admission of evidence. and
how he really charged the jury
1t is further asserted that the court I,
OF appeals has done a great injustice
10 Trial Judge Lands in misstating 2
what he did in connection with the 4
imposition Of the fine on the Standard =
Oil company.
The circuit court Of appeals in its W
opinion charges that Judge Lands q
assumed to fine the Standard Oil com. +,
pany OF New Jersey and imposed the hi
large fine for the reason that he was N
satisfied that the Standard Oil com
pany Of New Jersey was not a virgin
The government shows in its peti.
ton that Judge Lands never referred .h
10 the Standard Oil company of New III
Jersey IN this connection. and that the ~
language used was used in connection Iai
with the Standard Oil company of In. W.
llama. and that nowhere were the pro ca
'eedings directed or pretended TO be p.'
directed against the Standard Oil com. ~.
ANY of New Jersey. VII
1t appears from the record in the IN, rrI,'
ircuit court of appeals that the net ~. .l'
roht OF the business Of the Standard VS.
vi company of Indiana. the CORPORA 49,.
ION that Judge Lands fined for the ,,t,.
ears during which the violations OF a.
ne law for which it was convicted 80
ere committed and including the wear -
which 1t was indicted. amounted "a
S33 So, 20S.SO. "
On this point the petition states: he
We respectfully call the attention anj,.
the court to the statement of the tbat
andard Oil company Of Indiana on wbei
@ in this case. referred TO bv the dav,
urt in its opinion and treated as addr
oper for consideration in de,erm n. Af
9 whether or not the penalty Was homo
cessite." hin,
The punishment therefore" Mi Bo exnr,
parte says, lis no more severe than tion
inflicted upon a letter carrier who an o,
ais letter and is sent to the pani. the 7
uary for three years thereby de. legged
wing him of his earning CAPACITY lame
Iua1 tlme. IL is not nearly SO Sc Of m
e as the minimum penalty of five power
rs IN the penitentiary imposed upon ure S
anker who misapplies the funds OF law o
bank. of the
ne government claims that on ac a nun
ut OF the size of the fine alone confer
e is no necessity for a retrfal OF Mr..
case; that the circuit court of an. Trust
s may itself name the fine which The g
I'D be imposed, and calls upon the him W
t to do so in case it adheres to was lc
view that Judge Lands abused person
discretion in imposing so large a nomin,