The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-01-04
STANDARD OIL
Gets SETBACK
Judge Lands Overrules the De.
murrers to Eight of Rebate
Indictments.
ENFORCE WILL OF CONGRESS
------------
Object OF Law Being TO Establish
Uniform Railroad Rates
Reasonable in Amount.
ENFORCE WILL OF CONGRESS

CHICAGO, ILL, January 3.-Judge
Lands, in the United States District
Court to-day, overruled 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 technical defects.
The court ruled against the defend
ants contention that tho Elkins law
was enacted really to prohibit the en-
ployment of Indirect methods to obtain
preferential rates. it being the defend
ants contention that 1t was not vio-
lation of tho law If railway company,
dealing directly with a shipper, gave
that shipper cut rate.
The court also ruled against the de-
PENDANTS claim that the provisions of
the Elkins law requiring shippers to
adhere to published rate was void
being against that provision of the in
terstate commerce law which required
carriers to transport property for n rea-
sonable rate, the court holding that car
riers and shippers We're 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 commerce
law requiring carriers to publish ter
minal charges was not operative upon
consignees, holding that In respect to
such terminal charges, inasmuoh as the
consigncr would have only little, If any
interest in the question, the law plainly
was intended to DO binding on con-
signees.
After observing that the Elkins law
was repealed by the rate law, and that
unless that there was n statute keeping
alive the future prosecution of offenses
which had been committed against the
Elkins law prior to its repeal, the court
quoted section 10 OF the Revised Statutes
of the United States. This law said
the court, has been attacked hero as
an unwarranted attempt by the Congress
that enacted 1t to curtail the authority
of succeeding Congresses by limiting in
advance the effect to be given to their
enactments. 1t is rather the substitution
of n new rule TO be observed by the
courts in the construction of statutes
thereafter to be enacted.
Duty of Court.
''That until such old rule is restored
each succeeding Congress intends that the
courts shall be guided by the new rule
in giving effect to their enactments, seems
to me beyond question
1T Is the duty of the court" said Judge
Lands, ito enforce the will of Congress
as expressed in the written enactment.
'.In the ascertainment of that will,
am not Mt liberty to ignore the ultimate
object of the law. That object was the
establishment of uniform railroad rates.
reasonable in amount. The former Law
had failed to accomplish this, and was
therefore strengthened. Instead of being
wiped off the books as having sery.i
its purpose, additional and severe liabi-
ties were created and more drastic RENE
dies and penalties authorized,
My opinion is that the so-called saving
clause in section 10 was inserted for tte
sole purpose of definitely prescribing the
rule of procedure that should cor'rol the
prosecution of causes then peading in
various stages in the courts, thus avoid
ing tho confusion and controversy. which.
as experience has shown, must other
wise have resulted