The Washington herald., 1906-12-18
SIGNED IT TOO SOON
President Gave Standard Oil
LOOphOle of Escape.
CASE WILL BE PROSECUTED
at Department of jus
tice Restore Confidence in Govern
ment's Chance to Win-Intent ns to
Suspension of Rate Law Perfectly
Clear-SeveraI Conferences Held.

As the result of conferences at the De
partment Of Justice yesterday confidence
was restored in the governments cases
against the Standard Oil Company.
Early in the morning United States Dis
trict Attorney Sims and Assistant Coun-
sci WilkeTson went to the Department Of
Justice and laid the records Of the ease
before the retiring Attorney General. Mr..
Moody, who was about 90 take his place
on the Supreme bench. Mr. Moody,
who took an active part in preparing tie
cases originally, displayed a keen in,er-
est in the situation that has arisen by
reason Of the demurrer filed last week by
J. s. Miller, the counsel for the Standard
Oil Company. The district attorney also
called on the President during the morn
Ing Later IN the day he and his as
slstant met the new Attorney General.
Mr. Bonaparte. and went over the case
with him briefly. Then long conference
was had between the two Chicago law
yeTs and Assistant Attorney General
PUrdy. The result Of the conference was
that the government law officers found
no reason to believe that any supple
mentary bill would be necessary. in addi-
ton TO the rejOinder filed Saturday by
District Attorney Sims before leaving for
Washington.
The case was discussed very generally
at the Capitol and the records looked I'D
with care. The general opinion was that
the intent Of Congress was clear that the
President should sign at one and the
same time the rate bill and the joint res
olution suspending its operation for sixty
days after its approval by the President.
President Responsible.
1t was said that had the President not
been so eager to sign the rate bill but
had held IL one day and signed IL at the
same time that the resolution came to
him, the point raised by the Standards
attorney could not have been made. Mr..
Milier's contention rests on the claim that
the rate bill was IN force for the one dav
that interviewed between the signing OF
the rate bill and the joint resolution sus-
pending its operation and that the am
nesty provided for all individuals or cor
poratiOns who had violated sections OF the
Elllins act not in accord with the rate
u
ually went into effect that day.
The ten cases in question, under which
indictments were found. embrace 6.4lS
counts for which the penalties provided
by the Elkins act are from $1,000 to S20.O00
The total of fines involved is, therefore
from $6.42SO00 TO $12S. $4,000.
Legal experts in Congress believe that
the government will not lose by the dis
closure that the bill and the resolution
were not approved by the President at the
same time Senator Foraker, who is one
OF the foremost lawyers of the Senate
and member OF the Judiciary Commit
tee. said yesterday that ne did not think
the government would suffer disadvan-
tage In the case. 1T has been the uni
form rule Of the courts. said Mr.. Fora
ker, ito look at the intent Of the legisla-
tive body where that intent was not ex-
pressly at variance with the actual Ian
guage Of the act. As 20 the intent in this
case. there can be no doubt whatever that
IL was proposed that the two measures
should be signed AT the same time. and
certainly there was no purpose TO set the
rate law in operation for one day ard then
suspend IL for sixty days"