Standard Oil Company; Trusts, Industrial -- United States
It was in vain that the expert pointed out omissions of property and
facts which he thought "had not been clearly shown in the agreement
as to facts," and afterwards other matters he had discovered. After
the defeat of the State he prepared an affidavit containing additional
facts. He employed an attorney in the preparation of this affidavit and
a petition to the court to have the case reopened. His purpose was "to
get another chance at this trial."
"To get another trial?"
"Anything."
"Another hearing?"
"Anything." Anything to prevent the miscarriage of this last attempt to
"round up" the men he had been trying for nearly twenty years to bring
to justice. The Attorney-General would not present this petition. After
this, still before the final decision, he saw the Attorney-General
again to renew his pressure for a change of policy. Three times he saw
the Attorney-General to lay his additional facts before him, and urge
that a different method of conducting the case be tried.[326] Some of
the new points he raised the Attorney-General referred and deferred to
the company he was pursuing, and "we showed him how they were fully
included in the statement rendered by us to the State, and he (the
Attorney-General) expressed his entire satisfaction with every point
raised." Others of the new points the Attorney-General declared to be
"immaterial."[327] The Attorney-General showed no wish to bring proof
into the case of any facts except those furnished by the people being
sued. Although the decision of the lower court had been a warning that
the theory on which the State had gone into court was bad, and that
the amount of taxes to be recovered depended on the amount of tangible
property in the State, he refused to use the right he acknowledged he
had--to call other witnesses, to put the men who had made the agreed
statement of facts upon the stand, and cross-examine them.
Public-domain text, read in full here on John Shaqi.
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