Show STANDARD IS TO FIGHT THE 0 IM an III REBATE CASE TO BE KEPT IN THE COURTS legal technicalities to be exhausted in an effort to avoid paying penalty chicago april 15 despite over whelming whelmine wh elming proof of its violation of the elkins law as shown by the verdict of guilty returned against it in the united states district court the standard oil company has by no means given up no legal technicality Is to be overlooked by its attorneys and the case will be kept in the courts as long as possible pOM loIe within a few days judge K M landis will be asked aked to fix the time when he ile can ma hear arguments on a motion for a new trial notice of which wag was served on the court immediately after the jury bad had returned its verdict if this motion la 19 overruled the defense will present a motion in arrest of judgment on this motion district attorney sims and his special assistant james 11 wilkerson Wll kerson will be called upon to reply the argument of the defense will be that in accepting the six cent rate the standard oil company committed only one violation of the elkins act and that the contention of the government that each car of oil shipped constituted an additional offee la is not good to this the government will reply that as only one offense can be punished by no more than and that the amount derived by the standard oil company in the counts charged in the indictment WAS the fine la Is ty by no means commensurate comme with the crime if MAO Is the most the government can fine a violator 0 of this law said an assistant district attorney it will have little effect in stamping out avils it was enacted to remedy in this case dase we took shipments of cars cars only in 1903 but that represented only a traction fraction of the number shipped by the standard from its refinery at whiting to st louis louls under the secret rate I 1 venture the total rebate for that Is 1 what it virtually was could not hive been less than and this Is 19 only ono one cai caso should judge landis sustain this motion in arrest of judgment the defendant company undoubtedly will pay the fine and prepare tor for a similar line of battle in the seven remaining indictments if it the motion Is denied the case cue will be appealed appeals either to the wurt court of appeals or to the united states supreme court |