The Nashville globe. [volume] (Nashville, Tenn.) 1906-193?, 1908-10-02
they have always heretofore been sup
D0cnd IN he

Jnelr profession, II they so desired,
during their terms of office, in so far
as they might be able to do so without
interfering with their public duties;
and in such practice free to take any
kind of employment that was offered
which did not in any way conflict with
their duties as members of Congress.
Nobody has ever before been criticised
on such account. The only question
has been as to the character of busi-
ness a Senator or member of Congress
was at liberty to take, and uniformly
and universally it has been considered
that there was no prohibition of any
class of business, outside those named
in the statutes and such business as
might conflict with public duties.
when I accepted the employment
of the Standard Oil Company in 1899
it was not foreseen by me, and prob
ably not by anybody else, that it would
become the object of Federal legisla-
tion or of Federal prosecution or ac-
tion of any kind, and that employment
ended when the company decided to
reorganize under the laws of New Jer-
sey, which was before anything of that
nature occurred.
THAT | was not in the employment
of the company after the services I
have mentioned were rendered, and
that such employment did not after
ward influence me to favor the COM
pany in legislation, is shown by the
part / took in the enactment of the
Elkins law, approved February 49,
1908. Under this statute the Attorney
General has brought and caused to be
brought all the prosecutions against
the Standard Oil Company of which
we have read so much, including the
case in which Judge Landis imposed
the fine of $29,2400OO.
IT was one of the subcommittee of
three-Senators Elkins and Clapp
being the other two members-whc
considered that bill in the Interstate
Commerce Committee of the Senate
and after making such amendments
as in our judgement made it more eff
fective, reported it favorably to the
committee, and then to the Senate
where it was passed Under this
Elllins law, for the first time in inter
state commerce legislation the ship
pers were made as violators of law anC
subjected to heavy penalties for ac
cepting or soliciting rebates or dis
crimations.
Until that time only the carriers
were liable for such offences. The bill
was especially aimed at large corpo
rations, because they were supposed
by reason of their large shipments, tt
be able to command and enforce re
bates and determinations, which
could not be secured by their weaker
competitors. That statute has beer
put to the severest tests and they hav,
shown that it is worth more in regula
tion of interstate commerce than al
the other statues that have been en-
acted. 1t makes effective all provi
sions of law against rebates and dis
ordinations and nobody has suffered
more under it than the Standard Oi
Company, against which indictment.
have been found by scores, contain
ing counts and charges amounting t.
thousands in numbers.
"Much more might be said as to the
character of this statue, but it is un
necessary for the present purposes.
"I refer to it and speak of its genera
character only to show that this legis
lation, which 7 helped to frame and tt
enact, aimed directly at the STANDARD
Oil Company and the other great corp
orations, is, or ought to be, convinc
ing evidence that I was not employed
by the company at that time, and thai
| was not influenced in the discharge
of my public duties by reason of the
employment that had ended long be
fore.
"But if that fact is not sufficient the
following correspondence is not only
additional proof but conclusive in It's
character, to the same effect:
'26 Broadway, New York, May T. 1906
My Dear Senator: In the posi-
bility Of an action being brought
against us in Ohio, are you in position
to accent a retainer from us in connec
tion with such a matter?'
Your early response will oblige
Yours very truly, John D. Archbold
ITO Hon. ]. B. Foraker 1900 Six
teenth street, N. W., Washington D. c
''To which I answered as follows:
Washington, D. c., Nav 8, 1906.
John D. Archbold, ESQ, No. q
Broadway, New York-My Dear Sir,
"My duties in the Senate have sc
multiplied that I found 1t necessary
to retire entirely from the practice ot
law. 7 have not taken any new EN-
Dlovment for more than two years
past