Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1907-01-10
ENFORCE WILL
Of CONGRESS.
Judge Lands OVerfules De-
murrerS in Standard
Oil Cases.
Object OF Law Being to Establish
Uniform Railroad Rates RedS-
enable In Amount.

Chicago, Ill. January 4.--J Lands
in the United States District Court
to-day, overru1ed the demurrer OF the
standard Oil Company to eight of the
rebate indictments pending against
that corporation, but sustained the de-
murrer as to the two other indictments
because of technicrl defects.
The court ruled against the defend
ants contention that the Elkins law
was enacted really to prohibit the en-
pIoyment of indirect methods to obtain
preferential rates. it being the defend
ants contention that it was not a VIOLA
ton of the law if a railway company,
dealing directly with a shipper, gave
that shipper a cut rate.
The court also ruled against the de-
PENDANTS claim that the provisions of
requiring shippers to adhere to a pub
Iished rate was void as being against
that provision of the interstate COM
merce law which required carriers to
transport property for q reasonable
rate, the court holding that carriers
aud shippers were both required to
adhere to the published rate until such
rate was publicly changed in the man
ner prescribed by law. The court ruled
against the defendants contention that
the provision of the interstate COM
merce law requiring carriers to publish
terminal charges was not operative
upon co%nsignees holding that in respect
to such terminal charges, i~nasInuch as
the consigner Woul have only little,
if any, interest in the question:, the
law plainly was intended to be binding
on consignees.
After observing thai the Elkins law
was repealed by the rate law, and that
unless there was q statute keeping
alive the future prosecution of ofenses
which had been committed against the
Elkins law prior to its repeal. the court
quoted section Is of the Revised Statutes
of the United States. EThis law said
the court, has been attacked here as
an u~nwarranted attempt by the Con
gress that enacted it to curtail the
authority of succeeding Congresses by
l1Il1lUlHS Ill duNdhCO GA0 OIOS6 W OO
given to their enactments. It isirather
the substitution Of a new rule to be
observed by the courts in the construc-
ton of statutes thereafter to be enated.
THAT until such old rule is restored
each succeeding Congress intends that
the courts shall be guided by the new
in giving effect to their enactments,
seems to me beyond question:
1T is the duty Of the court" said
Judge Lands, 'to enforce the Will OF
Congress as expressed in the written
enactment.
I'm the ascertainment of that will, /
am not at liberty to ignore the ultimate
object of the law. That object was the
establishment ofuniform railroad rates,
reasonable in AMOUNT. The former law
had failed to accomplish, that. and was
therefore strengthened. Instead of be-
ing wiped off the books having served
its purpose, additional and severe
liabilities were created and more
drastic remedies and penalties authoriz-
ed.
my opinion is hat the so-called
saving clause 10 was inserted for the
sole purpose of definitely prescribing
the rule of procedure that should con-
troll the prosecution of causes then
pending in various stages in the courts,
thus avoiding the confusion and con-
troversy, which, as experience has
shown, must otherwise have re-
suited"