Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1906-12-28


Act, Leaves No Provision to lndict Under for
Two Months-SpecaI Counsel Sims Says the
Claim is Unfounded- Car-Shortase-De-
partment Rules that South Carolina Has Not
Exceeded Her Authority in Importing Labor
Reckless Military Expenditures.
WASHINGTON, d. c., Dec. 81.
Much comment has been INDUCED
in over claim raised by the defend.
ants of the Standard Oil Company
that all the cases If Relating against
that institution now pending before
the Department. Of Justice, will fall
through the ground on demurrer ow-
ing to a hitch b~t~ten the Hepburn
rate law and the Elkins anti rebate
law. This contention is merely a
legal bubble but SO much comment
has been made upon it that it is per-
haps worth explaining how the case
really stands. The Hepburn rate law
was passed on the 29th of last June,
but after it was passed the railroads
protested vigorously, and on June 80
secured suspension of it's operation
for sixty days. The President had
been fighting for the passage OF the
rate bill and as soon as it was sent to
him clapped his signature to the bot
tom, meantime Congress had sus.
pended its operation for two months
by joint resolution. The attorneys OF
the Standard Oil Company claim that
as the Hepburn law repealed the Ell
kins law there was no law during the
two months suspension of the latter
measure under which they could be
indicted.
Some Senators and Representatives
seem to have taken this claim ser.
iously. But Special Counsel Sims, who
has been arranging to prosecute the
cases before the Department Of Jus.
tice says there is nothing in the con-
tention which he is not fully prepared
to meet. Judge Clements OF the In
terstate Commerce Commission, in an
interview on the subject, said explicit
ly that the claim OF the Standard Oil
Company was technical moonshine.
He pointed out that the Hepburn rate
law only repealed the Elkins law
|
flict with the Hepburn bill. He said
further that it was folly to suppose
that Congress when passing law to
make more drastic the very punish
ments that the Elkins act imposed
intended to throw down the bars and
leave open loophole through which
the roads granting and accepting re.
bates could escape punishments. 1t is
the recognized practice in law, he said,
to construe an act in accordance with
the intention of the legislature that
passes it, and it could not be claimed
by the widest flight of imagination
that Congress ever intended to allow
such a construction Of the law as the
Standard Oil Company is now trying
to place upon it.
The Interstate Commerce Commits.
sion is occupying the center of the
stage these days and one of the most
serious propositions likely to ariee this
winter is the recommendation that it
will make to the President on the sub. |
ject of freight car shortage which is
now distressing the whole country.
Scores of kilograms have been received |
at the White house declaring that the |
worst freight blockade and car famine
in the history OF the country is now
affecting almost every section, espe-
cially in the northwest. Many COM
munities actually cannot get enough |
coal to keep from freezing and in some
places school houses have been closed |
for lack Of fuel. The Interstate Com
merce Commission is now holding an
Investigation into the question of car
shortage and moro important still, is |
considering bill sent them privately
by the President, which if passed will |
give the Commission power to manage |
the freight car situation all over tho |
country and break such . freight
blockade as has now occurred. No.
body in authority is willing to admit
that such bill is even under consider
alton, because there is big politics in it
and Immediately such . measure is
sent to Congress there will be q howl
to the effect that it means government
ownership Of railways. Indeed, it is
quite possible that such government
control may be the first step in the
direction of actual government owner.
ship. The situation, however, is press.
ing and it is one which will have to be
dealt with before the winter is over.
A bill may be sent in as an amend
ment TO the present rate law and if it
is il will take precedence over other
important bills and intensity the al.
ready congested legislative work Of the
short session.
The very first week that Oscar
Strauss, the new Secretary Of Com
meTce and Labor. was in Office. he was
called on to promulgate a decision OF
immense interest to all States, espe-
cially those OF the South. It was the
famous South Carolina immigration
case that had been hanging over for
several weeks and an opinion in which
was rendered by the Solicitor for the
Department the day after Mr.. Strauss
took office. 1t will be recollected that
last summer the State of South Caro-.
lima appointed an immigration agent
of her own and sent him abroad with
authority to bring back emigrants and
distribute them among the farms and
factories of the State. He did this
work so we'll that whole shipload OF
immigrants WAS brought back and
they landed at Charleston. Officials
of the Federal immigration Bureau
we're there to welcome them and all OF
the immigrants we're Immediately given
good Jobs, while twice the number
could have been provided for had they
been on hand. Everybody was happy
till the question was raised whether or
not South Carolina had violated the
alien contract labor law. If this were
the case all OF the immigrants would
have to be sent back and no State
could be allowed to drum up immigra.
ton in foreign countries. Now the
South was very much in need OF just
such labor as this shipload OF foreign
ers furnished, and it had been found
impossible to divert this class of labor
to the southern fields once they landed
at northern ports like PHILADELPHIA.