Omaha daily bee., 1909-01-05
STANDARD WINS OIL CASE
Supreme Court Refuses to Review
Big Fine Suit.
REVERSAL OF FINE WILL STAND
Decision Turns Largely on Right of
Supreme Court to Interfere
After Court of Appeals
Has Already Acted.

WASHINGTON. Jan. 4-The s2s,oOo.OOo
not be reviewed by the supreme court of
the United States. The decision of the
court to this effect was announced by Chief
Justice Fuller soon after the court con-
vened today. The case came to the court
on a petition filed by the government ask
ing the court in a petition for writ of
certioran to order up the record in the
case for a review of the decision of the
United States circuit court of appeals for
the second circuit, by which Judge Landis'
original decision imposing fine of $3.50 900
against the Standard Oil company for ac-
ceptinR rebates from the railroad companies
was reversed. In the supreme court the
case turned largely upon the right of the
court to interfere in view Of the fact that
the case had been passed upon by the court
of appeals, the government contending for
such privilege as a right, while it was
urged in behalf of the oil company that
the precedents were all against such a pro-
ceeding. The action of the court consisted
in the announcement that the government s
petition would not be granted. The effect
Of this announcement will be to leave stand
ing the decision OF the court of appeals,
which was adverse to the government and
favorable to the company.
Case to BE Retired.
The courts announcement was the barest
formality. No reasons whatever were given
and the determination of the court was
stated along with number of other cases
of comparatively little Importance. The
chief justice simply announced in so many
words that the petition for certiorari was
denied. Under this ruling the case will now
go back to Judge Lands court for new
trial, in accordance with the decision of
the court of appeals.
1t is stated at the Department of Justice
that the decision gives the case it's or ginal
status subject to the views of Judge Gross
cup, as contained in his decisions of July
22 and November 10, 1903. These In effect
were:
/. That the trial court Judge Landis) had
erred in It's rulings on the admission and
exclusion of evidence and in its charge
to the jury in adopting the view that Il
shipper can be convicted of accepting u
rebate, even though II Is shown on the
matter Of intent that he did not know what
the lawful published rate actually was.
2. That the true tests of the number OF
offenses is not the number OF carloads
transported, but the number OF single
transactions resulting in a Shipment that
the offesnse of accepting a concession Is
the transaction that the given rat con
summaries whereby the shipper for the
thing shipped, no matter how great or how
little its quantity, receives rate different
from the established rate.
3. That the trial court abused its discre-
ton In imposing an excessive line OF w.
2i0 600.
The question as TO when the case will
again be presented to Judge Lands for
trial depends upon the United states at
torney for the northern Illinois district, but
It is expected that some action toward that
end will be taken within the next few
weeks
It as presumed that Judge Lands W Il
again personally conduct the trial
May Not End Case.
CHICAGO, Jan. 4-United States Dis
trict Attorney Sims was informed of the
adverse ruling of the supreme court in a
private telegram. He declined to discuss
the matter, stating that announcement of
any future action in the case must come
from Washington.
1t is pointed out. however. that the su-
preme courts ruling by no means neces-
sarily ends the case. The original case
may again be tried before Judge Lands,
bearing ia mind the appellate courts de-
cision that the S29,24000O fine was eXces-
sve and other errors found In the lower
courts decision, or the government may
proceed on some entirely new case with
practically the same evidence, however.
the basis for which already exists I'm
previous indictments. These indictments
were returned at the time of the indct-
ment which was adjudicated In Judge Ian
dis court and may be renewed Other in
dictments were voted in Tennessee, and II
is not improbable that the governments
next attack on the Standard oil company
will take place in that state.