Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1907-01-10
Law WAS IN FORCE
Judge Lands Holds That Eight Of
the Ten Indictments Against
Standard OIL Are Good.
FAVORABLE TO GOVERNMENT
Repeal Of Elklns Act Did Not Release
From Prosecution Those Who
Had Disregarded Ito.
Provisions.

Chicago, Jan. 4.-Judge lands, In
the United States district court
Wednesday overrulsd the demurrer Of
the Standard Oil company to eight
indictments pending against that cor
poration, but sustained the demurrer
as TO two other indictments because
of technical defects.
These indictments" said the court,
are for alleged violations Of Section
/ of the act approved February 10.
1908, known as the Elkins law. The
charge is that the defendant obtained
the transportation Of its property by
various railway companies at rates
less than those named in the carriers
published schedules. The offenses
are alleged to have been committed
prior to the enactment of the new
law approved June &c, 1906, known
as the rate law. The indictments
were returned August 81. 1906"
1T is contended In behalf Of the
United States" said the court, that
the act Of June 20, 1906 did not go
into effect until after these indict-
ments were returned. 1t is urged
that the postponement was effected
by the adoption of the joint resolu-
ton by congress, approved June 30,
1906. That resolution provides that
the rate law shall take effect and
be in force 60 days after its approval
by the president Of the United
States.
"Of course, the purpose Of this re-
solution is obvious. But 1t was
wholly ineffective until approved by
the president. This occurred on June
80. And, by its own terms, the act
became effective on its approval by
the president one day before. Plain
Iy, therefore, on June 80 the resolu-
ton was powerless to postpone that
which had already occurred on June
20. While possibly on June 30 the re-
solution might operate to suspend the
act fer a period Of time land as to
this express no opinion), the ques-
tons presented by the demurrers to
these indictments are to be deter
mined as II q postponement or sus-
pension OF the act had not been At
tempted"
After observing that the Elkins law
was repealed by the rate law and that,
unless there was a statute keeping
alive for future prosecution 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 enacted
In 1871.
1.-THE repeal Of any statute shall
not have the effect TO release or e.
tinguish any penalty, forfeiture, or
liability incurred under such statute,
unless the repeating act shall 30 ex-
pressly provide, and such statute shall
be treated as still remaining in force
for the purpose Of sustaining any pro
per action or prosecution for the en-
forcement Of such penalty, forfeiture
or liability"
ut is the duty Of the court" said
Judge Lands, TO enforce the will OF
congress as expressed in the written
enactment. In the ascertainment OF
that will, am not at liberty to ignore
the ultimate object Of the law. That
object was the establishment Of uni
form railroad rates, reasonable in
amount. ThS former law had failed
to accomplish this and was therefore,
strengthened. Instead Of being wiped
off the. books as having served its
purpose, additional and severe llabil-
tiles were created, and more drastic
psmSdles and penalties authorized.