Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-06
CLAIMS ACT WAS REPEALED
APPLICATION OF THE ELKINs
LAW RESISTED.

The case of the Great Northern Rail-
way Company. petitioner. ast. the United
States, which was set for hearing in the
Supreme Court Of the United States to-
day, involves the authority Of the gov.
eminent to prosecute violations Of the
Elkins law committed prior to the act OF
June %. 1905. known as the Hepburn act
or the railroad rate law. for which prose-
time Of the passage of the last named
statute.
The Great Northern Railway Company
was indicted November s, 1906, for CIV
Ing rebates to the w. P. Devereux Com
pany at various times from May II. 1905,
to August 3. 1905.
Railway Company's Contention.
The railway company. besides objectink
to the suf1ciency OF the indictment on q
technical ground, contends that the origi-
nal provisions Of the Elkins law, under
which it was indicted. were repealed by
the Hepburn act. BY the latter act the
Elkins law was amended in several re-
spects. the provision making It a rnisde.
meanor for any person or carrier to give
or receive any rebate, concession or dis
elimination, being amended by making 1t
Sp6CluCAlly Apply 10 QOIH C1II1etS dIlo
shippers; by making knowledge on the
part OF the person or corporation essen
tial, and by authorizing imprisonment In
the penitentiary for not exceeding two
years in addition to the fine Of not less
than $1,000 nor more than $4,000, there
tofore provided.
The railway company relies upon these
changes in the Elkins law and the lam
guaSe Of section 10 Of the Hepburn act in
support OF its claim that the law under
which it had been indicted had been re-
pealed. SO far as 1t and others similarly
situated were concerned. Section 10 OF
the Hepburn act provides:
That all laws and parts Of laws in
conhict with the provisions Of this act
are hereby repealed but the amendments ants
causes now pending in courts Of the
United States but such causes shall be
prosecuted to a conclusion in the manner
heretofore provided by law"
Claim. Of Government.
The government contends that the
original provisions Of the Elkins law. So
far as necessary for the prosecution OF
offenses committed hereunder prior to
the passage of the Hepburn act. were
saved by section 13 of the Revised
Statutes Of the United States, which pro-
vides: = v.'
THE repeal Of any. statute shall not
have the effect to release or extinguish
any penalty. forfeiture or liability in
CURED under such statute. unless the re-
pealing act shall so expressly provide. and
such statute shall be treated as stu re-
naming in force for the purpose of sus-
tanning any proper action or prosecution
for the enforcement Of such penalty, for
feiture OF liability"
The government further contends that
the provision Of section 10 Of the Hep
burn act that the amendments herein
provided for shall not effect causes now
pending In courts OF the United States.
but such causes shall be prosecuted to
q conclusion in the manner heretofore
provided by law" refers to matters OF
procedure In courts of the United States
under the old law and was not intended
to operate as an extinguishment of PEN
aIties. forfeitures or liabilities incurred
under the old law. T.,
This question was decided against the
railway company in the district court and
in the circurt court of appeals for the
eighth circuit. The railway company then
applied to the Supreme Court. OF the
United States for writ Of certiorari to
bring up the case. which was allowed In
November last and came up for hearing
today.