Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-05
MEANS TO PUSH CASES.
Government Will Proceed
Against S. o. Co.
FOR RECEIVING REBATES
Action by Supreme Court Not to
Serve as Barrier.
TELLS OF EFFECT OF DECISION
Department Of Justice Explains.
Cause Has Original Status, Sub
ject to Judge Grosscup's Views.

The authoritative statement is mace TO-
day that Notwithstanding the refusal OF
the United States Supreme Court to grant
a writ of certiorari in the Standard OIL
case yesterday the Department OF justice
will at once proceed with the trial OF the
numerous other cases pending In dinerent
districts These are either against the
Standard Oil Company for receiving re-
bates or against the railroads for grant
ing them to the Standard Oil Company,
involving the same questions which have
been awaiting the action of the Supreme
Court on the application for the WIFI
These include the cases in the northern
district of Illinois and suits In the west
ern district of Tennessee. the southern
district of California and the western dis
trict of New York.
The effect of the refusal by the Su-
preme Court to review the Standard OIL
case on certiorari is to leave that case
resting upon the judgment OF the circuit
court of appeals, and the natural result
will be that 1t will go back to the trial
court for a new trial in accordance with
the mandate of the circuit court of ap-
peals.
To Press for Prompt Trial.
It is understood that the government
is ready and will press for prompt
trial. and 1t is supposed that the retrial'
like the original trial. will proceed before
Judge Lands as the trial judge, although
there will be a new jury.
1t is stated that since the supreme
Court gives no reasons Tor us oeildi VI
an application for certiorari 1t is lmpoS-
sible to surmise what reasons were IN Tue
mind of the court, and it is well under
stood that the denial Of a writ IS not 10
be taken as indicating any impression or
the court on the merits OF case. IL tn1
result of new trial were the acqultai
of the Standard Oil Company of Indiana,
that would be the end Of the matter: II.
on the other hand. it should be convicted
again. the case would then be taken IN
the regular course on Its appear TO tne
circuit court of appeals and ultimately
to the Supreme Court
Explains Status Of Case.
It is stated at the Department OF JUS
tice that the action Of the Supreme court
yesterday in denying the application OF
1.-THE government for writ of certlorari
gives the case it's original status, subject
to the views of Judge Grosscup OF the
United States circuit court OF appeals
as contained in his decision of July y
and November 10. 1905
These decisions In effect were:
First, that the trial court Judge Lam
dis) had in its rulings on the ADMISSION
and exclusion OF evidence and In It's
charge to the jury in adopting the view
that shipper can be convicted OF &C
cepting a rebate even though IT Is SHOWN
on the matter of intent that he did not
know what was actually the lawful pub
liShed rate.
Test Of Number Of O6enses.
Second, that the true test Of the num-
Der of offenses 10 not the number of car
loads transported, but the number of SIN
gle transactions resulting In a shipment;
that the offense. if accepting concession,
Is the transaction" that the given rate
consummates, whereby the shipper, for
the thing shipped. no matter how great or
how little it's quantity, receives rate
different from the established rate.
Third, that the trial court abused its
discretion in imuosing an excessive fine
$50 240, 0OOJ.
The question as to when the case will
again be presented to Judge Lands for
trial depends upon the United States at
torney for that district, but it is expected
some action toward that end will be
taken within the next few weeks.
1t is presumed that Judge Lends will
again personally conduct the trial, but
should he so desire, 1t is entirely within
his discretion to request another judge OF
the same district to hear the case.