Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1908-02-27
ELKlNsILAWHOLDs
GREAT NORTHERN LOSES
Justice White Rendered the DeclsIon
Which sustaIns the Findings
Of the Minnesota Court and
Court Of Appeals.

Washington, Feb. 25.-The question
whether the railroad rate law, known
as the Hepburn act, repeats section !
Of the ElkIns act prohibiting rebates
by railroads, was involved in the case
Of the Great Northern. Railway com
pany VS. the United States, which was
decided Monday by the supreme court
of the United States against the rail-
road company and against the conten-
ton Of such repeal.
The case was instituted In the
United States district court for the
district Of Minnesota, which court
fined the railroads $1,000 each for 15
violations Of the first section Of the
EllSins law.
The alleged offenses against the
law were committed during the sum
mer OF 1905 and consisted In granting
concessions to the w. p. Deveraux
company on Its shipments OF oats and
corn from Minneapolis, Minn.,s to
points in Washington. The company
admitted the concessions and fought
the prosecution on the ground that by
amending the Elkins act 80 as to pro.
vide for punishment by Imprisonment
rather than by fines, the Hepburn law
had SO modified the original law as to
accomplish Its repeal and render pun
ishment under 1t impracticable. Mon
days decision was announced by Jus
tice White and affirmed the finding
Of the district court and the United
States circuit court Of appeals.
Justice White said that the effect Of
the Hepburn law In repeating the Ef
kins act must be considered In the
light of Section 10 revised statutes
which provides that the repeal of any
statute shall not have the effect Of re
leasing any, penalty or liability In
Cured under the statute repealed. He
said 1t was clear that the mere repea
Of confIotion laws Is in no way re-
pugnant to that statute and there
could be no contention that standing
alone the act had the result Of de-
stroying the effect of Section 13
Quoting Section 1O7 Of the Hepburn
act, which provides that the act shall
not affect causes pending in the
courts" Justice White said:
1.-THE difficulty Of construction, II
any, arises from the word following
the general repeating clause: But
the amendments herein provided fol
shall not affect causes now pending
In the courts of the United States, but
such causes shall be prosecuted to
conclusion in the manner heretofore
provided by law These words, we
think, do not, expressly or by fair
Implication, conflict with the general
rule established by Section 10, revised
statutes, since by their very terms
they are concerned with the applica
ton Of proceedings pending In the
courts of the United States Of the new
methods Of procedure created by the
Hepburn law. Any other construction
would necessitate expunging the words
shall be prosecuted to a conclusion
In the manner heretofore provided by
law
sustalns Judge Lands.
Chicago, Feb. 25.--"The decision
that the Hepburn act does not repeal
Section Of the Elkins act takes
away one Of the big points on which
the Standard Oil company, is basine
It's appeal from the fine imposed by
Judge Landis," said District Attorney
Sims in Chicago Monday. incidental
ly 1t is a big feather in Judge Lands
cap. He was the first jurist to decide
this point"