The Mena weekly star., 1908-08-27
ARE REBATESLEGAL?
FATE OF INTERSTATE COMMERCE ACT IS HANGING IN THE
 BALANCE.
ALL NOW DEPENDS ON STANDARD OIL SUIT
Attorney General Bonsparte Has Be. gun an Action for a Rehearing In This Noted Suit-lf He Loses No Further Prosecutions Will Be Made Work of Years Undone.

Chicago, Aug. 22.-The governments petition for rehearing by the United States court of appeals of the case against the Standard Oil company of Indiana was filed Friday, and repre-. sents, 1t is authoTitatively stated, the administration attempt to save tho Elkins act and the interstate com. merce law from becoming futile.
 The filing of the petition marked the appearance of Attorney General Pon- aparte in the case, as we'll as that of Frank B. Kellogg, who is special as- sistant to the attorney general. Be sides these two names, the petition is signed by Edwin w. Sims, Unl,ed States district attorney at Chicago, and a special assistant, James H. Will kerson, both of whom presented the government side of the case in the original hearing before Judge Landis who administered the famous fine o. 29,240, 900 against the defendant.
 Although 1t is not specifically stated in the petition, it was agreed by coun- sel for the government in their confer ence at Lenox, Mass, following the reversal by the appellate court of Judge Landis's decision, that if the in. depreciation of a law given by Judge Grosscup, Judge Seaman and Judge Baker were allowed to stand, success ful prosecution of rebate cases against corporations would be impossible in the future. The lawyers at that con ference, over which the Attorney Gen eral of the United States presided were a unit in expressing the opinion that the reforms in rebate matters
 brought about by the Roosevelt ad
 ministration would represent so much
 waste of time unless the upper court can be convinced that it is in error in it's construction of the law.
 "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 the trial court criticised by the court of appeals. In all other par ticulars his rulings are sustained. The point on which the trial judge is re versed by the court of appeals relates to his adding on evidence and his charge to the jury with reference to ignorance on the part of the Standard oil company of the lawful rate as defense. The court of appeals in its opinion has not consequently stated
 how .-.e judge ruled on this subject Since the petition declares that whereas the opinion of the court oi appeals states that Judge Landis re fused 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 ou' what it considers other errors in the opinion of the appellate court, the al legation that the Standard Oil did mol know it was not paying the legal rate is regarded as the vital point. If
 with the evidence introduced at tho trial before Judge Landis, it can bt held that the defendant did not have
 guilty knowledge of its own acts, ther successful prosecution of similar cases is regarded as possible. All the years of legislation designed to correct re bate abuses would have to be repeat cd.