The news-democrat. (Providence, R.I.) 1906-1909, 1906-12-15
ROOSEVELT FEARS
STANDARD OIL
MAY YET ESCAPE

New York. Dec. l5.-Friends of the ad-
minstraton are visibly worried over re-
ports from Chicago that in all probability
the indictments against the standard Oh
company for participating In rebates VIII
be dismissed on the novel plea raised by
John S. Miller. counsel for the oil COM
pany In consequence, another effort Is 10
be made by President Roosevelt and his
friends TO have the senate pass the bill
giving the government the right OF appeal
in criminal cases.
There are 10 indictments against the
Standard company and its officials before
the United States court in Chicago, and
these include e42S counts. Mr.. Miller, who
invented the immunity bath" for the
Beef Trust, which resulted in the dis
charge OF the packers by Judge Hum
phreys and the abandonment OF the cases
against tho corporations by the govern
ment. assert that the Standard Oil COM
pany and all other offenders under the
Elkips law must go free, because for
short time the entire law was wiped of
the statute books.
Mr. Miller was in Washington two
weeks ago preparing his case from the
Official records, and his contention has
caused CONSERVATION in the department OF
justice. The situation created by Mr.. Mil
Ter recalls the badly muddled situation in
congress at the close OF the long session,
when the rat bill was passed after re-
peated conferences; the Tillman incident
and the charges and counter-charges
made by senators and representatives.
The rate bill provided that IL should be-
come effective from and after It's pas
sage" and IL was finally passed when
the senate accepted the conference agree
ment on June %.
After a conference with the president a
Joint resolution was passed on June 30
providing that the law should not become
effective until 90 days after It's passage,
or on Aug Is. Through an error OF the
public printer this resolution was not
sent out with the newly enacted law, and
II was week later before the mistake
was rcctihed.
Mr.. Miller holds that the new law was
In effect from June 20 10 June 30. and that
II thereby repealed the Elkins law and
changed the circumstances under which
criminal prosecutions for illegal rebatlng
could be brought The passage OF the
Joint resolution brought back the Elkins
law into temporary life. but, he contends,
IL would not be retroactive IN establishing
the crimes which have been committed
under the old law and which were wiped
out by the passage OF the later measure.
Anticipati ting that II may lose these Inn
portant cases. the administration desires
the senate TO Immediately pass the bill
giving the government the right OF appeal
in order that IL can take the matter to a
higher court.
There r. n suspicious lack OF interest in
the senate over this legislation, although
the president In his annual message,
strongly recommend action The bill pass
ed the house and was favorably reported
from the senate committee on judiciary,
but just when the administration believed
It's fight won, Senator Clark OF Wyoming
chairman OF the committee. moved that
the measure be recommitted. This was
done and there the bill remains. while the
government In fretting lest the men whom
Il regards as the chief culprits against
The rebate law SO scot free.