The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1906-12-17
Sims HERE FOR DATA
Seeks to Establish Date Hep
burn Bill Was Enacted.
FIXES FATE OF OIL CASES
Presidents Testimony in Regard to
Point Raised ny Attorney for
Rockefeller Institution May BE
TaIxen-COnference to Be Held at
Department of Justice To-day.

District Attorney Sims and his assist
ant, James II. Wilkerson. arrived in
Washington last night to confer with the
new Attorney General, Charles J. Bona
parte, on the Standard Oil indictments
now before Judge Lands in Chicago.
They are here primarily to get every
fact connected with the final enactment
OF the Hepburn rate bill into the inter
state commerce act. On the information
they secure and the proof they take back
with them TO Chicago will depend the
fate OF all the indictments against the
Rockefeller corporation and scores OF
other cases against the New York Cen
trai, Delaware. Lackawanna and West
ern, the Western Transit Company. and
the American Sugar and Refining Com
pany.
They must establish that the interstate
commerce act was not officially approved
at time antedating the passage Of the
Joint resolution postpOning the enforce
ment Of the act until August q. It IS
to get this data first hand that Messrs.
Sims and WilkersOn are here, and 1t is
possible they may take the testimony Of
President Roosevelt to get a complete
record.
President Might Testify.
This VIII be done if il is thought alb
solutely essential for the success of the
prosecution. and it is known that such
is the Presidents interest in the success
Of the cases that he would even con-
sent to go to Chicago TO testify.
This question viii be discussed at the
conference between the Chicago attor-
neys, Mr.. Bonaparte. Mr.. Moody, and the
others Of the Department of Justice to-
day. Neither Mr.. Sims. who arrived at
midnight nor Mr.. Wilkerson. who pre-
ceded him here a few hours, would say
a word about the case.
In his comment on the case, Judge
lands suggested that certain facts in
reference TO the tine President Roosevelt
approved the rate bill and the time that
he approved the joint resolution Of the
House and Senate fixing the date OF its
enforcement sixty days later might have
an important bearing on the ruling he
would make on the demurrer raised by
John S. Miller for the Standard Oil Com
pany.
Are Not Worried.
This remark of the court was taken to
mean by many that he would sustain the
demurrer, but the Department OF Justice
is not worried as to the stand Judge
Lands will take. It is the contention
of the government that the rate law did
not go into effect until il was sent to
the Department OF state 10 be enrolled
in the archives. and that the message Of
transmittal from the President to the
Secretary Of State constitutes the formal
approval Of the bill. and not the mere act
of signing the engrossed copy of the
interstate commerce law.
The records show the new rate law and
the joint resolution were sent TO the De-
paTtment OF State at the same time; that
the rate law was signed on June @ and
the joint resolution received the signature
of the President June 60 On the mes
sage OF transmittal the rate law is men
toned first, and the joint resolution fol-
lows Immediately afteTward
re point at issue is a clear one. and
should it go against the government, It
would be a harder set back to the prose-
cution than the decision of Judge Hum
phrey IN the packers cases. In all proba-
bility, Mr.. BOnaparte. who takes Mr.
Moody's place to-day, will be called upon
10 go to Chicago in person TO assist in
the handling of the Standard cases and
present additional argument for the over
ruling Of the demurrer raised by Attorney
Miller.