The state herald., 1908-08-28
ATTORNEY GENERAL BONAPARTE
PETITIONS COURT OF AP-
PEALs FOR REHEARlNG.
UpH0LDS LANDIS' FINE
ALLEGES THAT JUDGE GROSS,
CUPS DECISION ERRS AS TO
STATUTES AND EVIDENCE.


for rehearing by the United States
Court of Appeals of the case against
the Standard Oil Company of Indiana
was filed Friday and represents, 1t is
stated, the administration attempt 10
save the Elkin's act and the Interstate
Commerce law from becoming futile.
The filing of the petition marked
the appearance of Attorney General
Bonaparte in the case, as well as that
of Frank b. Kellogg, who is a special
assistant to the attorney general. Be
sides 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 govern
ment's side of the case in the original
hearing before Judge Lands, who ad-
minstered the famous fine of 9,24O,-
900 against the defendant
MAY concern, which through cor
poratc organization and railroad ia.
voritism has established a gigantic
monopoly in territory with popula-
tion of millions and concentrated
business many thousand times as large
as that carried on by the ordinary citi-
zen, plead In mitigation of punishment
tions of the law, that the number of
offcnses which 1t has committed and
for which it is required to answer,
has been in proportion to the magni'
tude of its business"
This is the question which Attorney
General Bonoparte and associate coun.
sci put squarely to the United States
Circuit Court of Appeals in their petit
tion for rehearing Of the case against
the Standard Oil Company Of Indiana.
rs this court to be understood" the
petition asks. "as announcing the rule
that in case II does not agree with the
trial Judge as TO the amount OF pun
ishment which should have been i'm
posed, the sentence will he reversed
on the ground that IL was an abuse Of
judicial discretion
"Every day defendants are fined
many times more than the value of all
the property they possess.
"Is the principle different because
the amount involved is measured by
hundreds of dollars In one case and by
millions in the other?"
The profits of the oil company, $685.
5s3.20 In four years. are cited as am
ply justifying Judge Landis in doing
precisely what he did. The petition
says:
"The trial judge did that which is
done In every criminal case. He sought
to inform himself as to who the de.
fendant was: as to whether the crime
committed embraced more OF wicked.
ness than the indictment charged: or,
whether on the other hand. there We're
circumstances OF mitigation"
The petition asks:
MAY n shipper successfully plead
ignorance OF the lawful rate. when that
ignorance is the result OF his own neg.
ligence or OF his failure TO avail him.
self OF the sources OF knowledge at
his commando
To permit such defense. the petition
says. "is TO make Of the law mere
will-o.the-wIsp OF legislation. n phan.
tom statute destitute OF strength or
substance"
In conclusion. the government dl.
reefs attention to the following con.
tentions:
THAT the opinion Of this court is
based upon misconceLtion OF the
record with reference 10 the rulings
OF the trial Judge as TO the admission
Of evidence tending to show want OF
knowledge. and with reference 10 his
construction OF the statute ON tnat
subject. and the theory on which the
case was tried.
THAT the Interpretation OF the stat,
ute by this court, imposing no duty on
the shipper and permitting defense
OF ignorance TO be made without regard
TO the negligence Of the shipper, is
contrary 20 the language of the statute
and 10 lts purpose and seriously i'm.
pairs the efficiency Of the act,
''That the criticism Of the trial Judge
for abuse Of discretion rests upon a
wrong assumption Of what the trial
Judge actually did and assumes that
he attempted to try and punish the
Standard on Company Of New Jersey.
THAT the ruling stated In the opin.
ion TO the effect that a fine Is oxcoH.
riyn whom II exceeds In amount the
ability Of tho defendant 10 Iay Is nm
innovation In criminal law
That. In short the opinion ms II
stands erroneonsly states material
portions Of the record. does Injustice
20 the trial Judge. leaves doubtful In
new trial the rule Of law 10 bo ap.
piled. both ~ 10 knowledge ON tho
part OF the shipper. and M 10 the mum.
her ~ offenHosi appears 10 bo In con.
fliet with the language Of tho Supreme
Court and with the previous language
Of the presiding Judge nf this court
and with the great weight Of legal an.
thofity. and. II permitted Ia remain
nnmodlfied. Will tend TO encourage dis,
obedience 20 Law. to impede the on
foroement ~ Halutafy s,atnten and
iafreiy Ia defeat tbsts nUYt,.,.t.