The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-12-23
DEFENSE IN REBATE CASES.

ard Oh company IN a government case
being prosecuted before Judge I.1ndis
in Chicago brings up a most interest
ing point OF law Affecting rebaters and
the effect of the railroad rate law
passed at the last session of congress.
Stated without technicality, the demur-
rer insists that the new rate law re-
that no case not in court on June 80
Of this year can be brought for viola
tons committed before the date spec
flied.
The point of law is raised by John S.
Miller, the attorney who got the pack
ers out of a peck of trouble by secur-
ing the Immunity BATH decision
which held that the packers could not
be convicted on testimony furnished
to the government by themselves.
The section on which the demurrer
is based reads:
THAT all laws and parts of laws in
conflict with the provisions of this act
are hereby repealed; but the amend
ments herein provided for shall not af-
feet causes now pending in courts Of
the United States; but such cases shall
be prosecuted to a conclusion in the
manner heretofore provided by law"
Read by itself the clause does not
look dangerous, and would not have
proved 80. perhaps, only for some Jug
Cling that was done in respect of the
date in which the rate bill went into
effect. The law was passed on June
20, but as the department was not
ready to put IL into effect a resolu-
ton was passed by congress twenty
four hours later providing that the new
act should not take effect until Aug. %.
1t is now insisted by the Standard
Oil attorneys that during the one day,
from June % to June 80, the Elkins act
was repealed, and that all offenses
committed against it that were not
then pending in the courts" cannot be
/ prosecuted. The, old law, it Is insisted,
was returned to the statute books by
the joint resolution of June 80, out for
| day it was dead, snd 1t caurot now
be applied to any offenscs not then in
the courts committed before Aug. %,
when the rate bill took effect. To do
otherwise, the Standard Oil lawyers
say, would be to make the rate law
violations of the Elkins law and the
| interstate commerce act not actually
in court on June 20 are exempt from
punishment.
Another complication in this case is
the effort of the administration to Sc
cure the passage Of law giving the
government the right of appeal to the
supreme court in case of an adverse de-
cision on points of law. The bill has
not been passed, 80 that if Judge Ian
dis should sustain the demurrer, the
whole case would be thrown out of
court with no right of appeal permitted
TO the government.
Against the contention of Mr.. Miller.
rhe department of justice cites section
Is of the revised statutes. which pro-
vides that the repeal of any statute
] shall not effect release from penal
ties incurred under such statute unless
the repeating act shall so expressly
provide.
If Mr. Miller's demurrer should be
sustained it would release the Standard
Oil and all other defendants in rebate
cases from prosecution for offenses
committed prior to June 80, unless cases
were in court before that date. The
government, therefore. is confronted
with the possibility of defeat in its
most important cases under the new
law unless it can succeed in securing
the law granting right of appeal be-
fore the ruling on this demurrer is
made.