Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1907-09-26
United States Court Of Appeals Ar
firms the Minnesota Judgement
Against Great Northern.
NO BREAK IN ElkIAs ACT
Court Holds Hepburn Law 10 An
Amendatory and Not . Repeating
Aet-AHects Several Cases Of
Great importance.

ion announced Monday by the Unlted
States circuit court Of appeals sitting
in Denver the judgment OF the dis
trict court fer Minnesota against the
Great Northern railroad In the rebate
cases was practically affirmed. The
circuit court holds that the Hepburn
acts Is an amendatory act and not q
repeating act, that insofar as II re-
peats or reproduces portions Ut the
Elkins act 1t continues them in force
and makes no break in the law, and
that insofar as II omits or changes
provisions Of the Elkins act 1t re-
peals them.
The act Of granting rebates was ad-
mitted by the Great Northern Rail
road company at the trial and the
only question presented by the de-
PENDANT was whether or not the FL
kins act Of 1908, making 1t an offense
and fixing punishment for granting
rebates was repealed by the Hepburn
act of 1906 In such a way that there
after there could be no prosecution
of offenses committed prior to the ap-
peal. The district court ruled against
this contention Of the railway COM
pany and hence the appeal to the cir
cult court Of appeals.
The circuit court Of appeals holds
that the special saving clause In the
Hepburn act does not mention the par
ticular subject Of the general saving
clause In section three Of the revised
statute Of the United States, AMI as
the special saving clause can have
reasonable purpose and operation
without infringing upon the provis-
ions of the general saving clause 1t
does not repeal the latter. Thus the
decision results in an affirmation Of
the Judgment of the district court al
though in some respects the circuit
court Of appeals declines to follow or
accept the reasoning or the grounds
Of the decision of the district rodrt.
The decision was written by Judge
Vandeventer and is concurred In by
Judges Adams and Riner. The csse
originally was a criminal prosecution
against che Great Northern Railway
company in the district court Of the
United States for Minnesota, and the
offenses charged in the indictment
consisting of granting rebates upon
each of fifteen distinct carload ship
ments of corn and oats shipped by
Minneapolis dealer In Minneapolis to
Seattle during the months of April,
May, June and July, 1906. The sched-
ule of the railway at that time fixed
the rate upon these commodities at 90
cents 100 pounds. and the rebates
granted consisted Of allowances rang
ing from is to 20 cents 100 pounds.
The maximum fine in this case is $780,
900 for each offense, and there are
over a dozen cases Of great import
ance awaiting the result of the de-
cision handed down Monday not
ably four cases In Kansas City where
the Armour, Cudahy, Swift and Morris
Packing company were each fined
$4,000 for accepting rebates.
United States District Attorney
Haupt, when informed of the decision
Of the court at Denver, gave
the following statement Of the
Great Northern railway case and
it's bearing on other cases now pend
ing before the court at Denver. This
case was one in which the Great
Northern was indicted for giving con-
cessions to McCaull and Densmore Of
Minneapolis and to the w. P. Dever-
eaux company, of Minneapolis, in the
shipping of oats and corn to Seattle
for shipment to the Philippines. "The
question passed upon is of supreme
Importance, not alone In this case, but
It involves the right to prosecute any
and all cases for the giving Of re-
bates"
THE validity Of the Standard OIL
company fine Of S29, 900, 900 depends in
a large measure on the decision for
It will have an almost controlling in.
tluence in the decision Of the court
Of appeals in the Chicago district,
where the Standard Oil company ap-
peals on exactly similar grounds. II
the decision had been otherwise, It
would have stopped all prosecutions in
the eighth district for rebates, and
concessions.