Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-18
NO ESCAPE FOR
STANDARD OIL CO.
A Very Pretty Legal bubble in
the Contention.
Demurrer CAN BE MET
What Actually Happened in the Case
of the Two Laws.
MANIFEST INTENTION OF LAW
Must Be Considered, and It Was Per-
fectly Apparent in
This Case.

The interstate commerce cjmmiss on -
shedding particularly salt tears over tho
danger apprehended in some quarters that
the Standard Oil Company may be able to
escape prosecution for ofrenses under the
Elkins law because the Hepburn rate law
repealed the Elkins law and there was then
a suspension of the new rate law for sixty
days
There is in the contention a very pretty
legal bubble. but the interstate commerce
commission. which has probably paid closer
attention to the matter than any one else,
says that the contention is not worth con-
sidering
What happened was this: The Hep
burn rate bill repealed such sections of
the Elkins law as might be In conflict
with the Hepburn bill" This is COM
mon enough phrase where one law SUI
persedes another. But after the rate bill
had been signed and sent to the Prcsi-
dent the railroads pleaded not to have
it go into immediate effect and by a
joint resolution Congress suspended it's
action for sixty days. But in the mean
time the President had signed the Hep
burn bill. and the contention of Mr..
Miller. the counsel for the Standard Oil
Company, is that the Elkins law
killed by the signature of the Hepburn
law and that 1t was not revived by the
joint resolution which suspended tho
operation of the new rate law for sixty
days
No Trouble in Meeting Demurrer.
District Attorney Sims of Chicago and
Special Counsel Wilkerson, who have
charge of the Standard OIL rebate cases for
the government, have finished a conference
with the Department of Justice over the de-
murrer that has been filed by the Standard
Oil Company, and say they will have no
trouble in meeting 1t.
In the same connection Judge Clements
of the interstate commerce commission said
today when asked about il, that there
never could be the slightest doubt about
the intent OF Congress and the effect of it's
action. He said that the Elkins law, in the
first place, was not in conflict with the
Hepburn rate law. et.r
There was places where the pen
aties imposed by the Eikins act were in
creased by the Hepburn act, but he pointed
out that it would he folly to suppose that
Congress, while increasing the penalties Tor
rebating and other onenses, would at the
same time repeal the law under which they
could be punished and leave the door open
to every malefactor to escape. He pointed
out that the common practice in law was
to construe 1t according to the manifest in
tentfon, where the intention was manifest.
and he said that 1t was manifest in this
case.
The revised statutes, he said further. ex-
pressly provided that a penalty was not
abrogated by inference. The new rate law
expressly provided for the continuance OF
the old cases that had already commenced
under the old law. But it certainly did
not mean that because some of the offend
ers had been indicted and their trials COM
menced that the others who had not been
indicted should escape entirely. This could
never have been the intention of Congress
and the law had to be construed accord
ing to the intent of the legislative body
passing it.
The law, Judge Clements said. provided
for the continuance of the causes pend
ing under the old law. But this OF the
word causes meant cases in progress,
and not causes of action" which were a
very different matter There in
tention the part of Congress to wipe
out all past rebate offenses and he felt
found to construe the law that way.
Gossip at the Capitol.
Senators who were interested in tho
preparation Of the railroad rate bill are
awaiting with much concern the outcome
of the deliberations between the Attor-
question whether the Presidents method of
signing that measure created a lapse in
the law by which the Standard Oil Com
pany may escape prosecution.
Senators were unwilling today to give
opinion upon the legal status. holding that
the Department of Justice was competent to
deal with the subject, and in fact now has
ii under consideration.
The railroad rate bill was signed June %
Section 10 of that act repealed certain laws
under which prosecutions could be COM
menced. A resolution was signed June 30
extending the time for the opera ton of the
rate law sixty days. The Standard Oil at
torneys have raised the point that this lapse
-