Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1907-01-09
RIEBATEl CASES
Blrt OveTrilIe Demurrer of
Stand ard Oil Company.
Is ACKNOWLEDGEMENTS
rporation Sustained in Only Two
pnts Of Ten Pending Indictments
And These Because Of Technical
Defects Violation of Elkins Law
% Give CRIT Rate 70 Shipper, Even
Direct :

10 Give Crit Rate 10 Shlpper, EYen
a peaEng' Dire 5..,s,@2i- s
u |hieago Special. Judge Lands
~ ~ Ii: gDitsd States District Court
# #Fraled The demurrer Of the Stand
"a Oil company to eight of the re-
81 s nd stlne1ts pending agailntsSt.
81 corr Grafton, but sustained the
prrcr asItto fwo other IN ndictments
ause Of technical defects,
81 he eoGrt ruled against the de-
i i 1lant cont tention that the Elkfns;
81 was acted. really to prohibit
Il employment of indirect methods
58fobtail. preferential rates, it, be-
| lie defendants contentiolis that
y as not a violation Of the lawsif a.
3Way comp :dealingadn W
OIL
a shipper, give that shipper
fats:
Clio scoitrt also ruled against the.
endsnt's claim that the provisions
j THE sElkIns law requiring shippers
q adhere TO a published rate was
u IL ! - s4s
IA nsabeing against that provision
the sihter-state commerce law,
eh required carriers to transport
Z &3psrty for reasonable rate, the
n rts Eolding that carriers and ship
rs we're both required to adhere TO
published rate until such rate
Is publicly changed in the manner
seribed by law.
4 Binding ons Gonsignees.
REkke court rule against the de:
edant' contention that the provis-
the Interstate commerce law
$luiring curriers' to publish terminal
gesS3as not operative upon con-
@Eees,s sho siding that Sin Srespect to
5tfi termilaa charges, inasmuch. as
f:nsigner would have only little,
4 ks;iy, interest in the question, the
pIainly ysWas intended to be bind
sson consignees.
Liter observing that the Elkins
III and that, unless that there was ia
atHte. keeping alive the future
,Ssees ngof offenses. which had
sea comnhtted against the Elkins
q q pro s4o ittsss is appeal, the court
iots sectionS slas Of the Revised
ss Shes gJnite ca States.
eEEs salt the court =.
,sis sffacEs 8 ID lnWarra
pt|sSy Tie CSngress that
:5ed SgnTtaillR slil the aut hoIity:
creed dms ongresse by limiting
tni' effect to o9beS given 9th
lacfments SIS rather the substi-.
disson Of q snewsrnle ,to. be- observed
7sstheS courts in the construction of
thereafter ito. be- enacted.
hat unit such old rule is restored,
eli sncessi ding Congress intends that
lessconrss Shall Be guided BY the new
del sin giving effect to- their enact
enEs EsSseems to me beyond question:
To Enforce The Law
e ;sfs!FF It's the duty of the court said
Sds.ess Lands, to enforce the will
Congress eas expressed ing the
fitten enaetmen In. the, ascertain
snt1 1offss that win, I am not at liberty
the ultimate object Of the
N. That object was the establish.
ent af uniform railroad: rates. rea-
,pabIs ins.amount. The former law.
ID failed Ito Accomplish this, and
as therefore Strengthened Instead
beng wiped off the books. as have.
gsseaEed d.its purpose, additional and
we're liabilities were created, ana
ors drastic remedies Ind penalties
:seA Z: opinion is that the so-called
in section 10 will elm
;rted for the sole purpose sof Sdeae
!tely prescribing The rule Of proce7
III that Should control the prosecuss
on OF causes then pending in various
as,essSin the courts, thus avoiding
!e con fusion and controversy which,
:Sexpsmehce has shown, must other
ise Have resulted.
~
& Report on Negro Exhibit.
Washing tor, Specialize govern
EFT board Of the ] anestown Exs
= - 90 Caoroto