Evening star., 1909-03-11
Government May Not Accept
Defeat in Oil Case.
REPORTED FROM CHICAGO
Department of Justice Unwilling
to Discuss Probable Course.
CONFERENCE TO BE HELD FIRST
Attorneys Who Conducted Prosecu
tion 20 Come 10 Washington.
20 Determined Action Then.

| Inc oHlcla.S OF the Depart ment OF JUS
| tice today again declined 10 discuss what
further action will be taken by the gov
| ernment with respect TO the several Other
criminal cases against the Standard OF
Company for accepting rebates now
| pending in the courts for the northern
district of Illinois.
1t Is understood. however. that Messrs
"ilkerson and Sims, government attorneys
In these cases. will come to Washington
within the next few days for a conference
with Attorney General Wickersham
Then. it is presumed, a course OF action
vii! be decided on
That the Department OF Justice has al
ready informed the government prosecu-
tors in Chicago that it contemplates an
appeal to the circuit court of appeals and
thence to the Supreme Court If necessary,
is reported from Chicago There was no
confirmation Of this given at the depart
racnt.
Decisions Riddle Law.
"A four-horse rebate team can be driven
through the Elklns law as it stands now
after the decision of the United States
court oe appeals and that of Judge And
erson In the Standard Oil case at Chicago
An attorney who could not protect a
client from charge of rebating, if these
decisions are sustained, would not be
worthy of his hire"
This was the opinion expressed by an
important law officer of the government
In the course Of a discussion of the Stand
ara OIL Company cases now pending In
various parts of the country.
The law officer pointed out that Judge
Lands, who imposed the $4,000, COO fine
upon the Standard, held that it was the
duty OF a shipper to make reasonable in
Qulry as to whether the rate he was
using was lawful or not.
Judges Grosscup, Seaman and Baker of
the. United States circuit court of appeals
reversed that statement of the law and
held, substantially, that the government
had to prove that the shipper knew he
was getting an Illegal rate. In the opin-
ION OF government lawyers that rarely, II
In this view of the situation the Elkins
law is practically nil.
Cases Still Pending.
The decision of the court yesterday In
the twenty-nine- -milion-dollar fine case
leaves still pending in the Chicago dis
trict court three double cases, in which
two separate grand juries have found in
dictnients. These three double cases are
understood to be similar if not identical,
with the case decided yesterday.
Appeal May Be Taken.
Consideration already has been given
by government counsel to the case of
the United States against the Standard
OIL Company. which shortly is to come
to trial at Jackson, Tenn. The indict-
ment in that case contains 1900 counts,
the specific charges being that the
standard shipped from Whi ing, Ind, to
various points in the south 1900 or more
carloads Of oil on which concessions in
rates were made by the railroads.
The decision of the circuit court at
Chicago is not binding. as matter of
law, on the Tennessee judge who may
try the case, as he is not in the same
circuit. 1t is considered likely he may
follow the Chicago court So far as the
two cases have similarity.
The Tennessee case probably will be
heard by Judge John l.. Mccall Of the
western district of Tennessee.
There are several other cases against
the Standard Oil Company now pending
in the western district of New York. 1t
is believed these cases will be prosecuted
as promptly as possible.
Attorney General Wickersham said yes
terday that no instruction whatever had
been sent to the district attorney from
the Department of Justice since the ad-
vent of the new administration.
Only Action of Administration.
Inc pIcscuL case came on 1Or retrlal
before Judge Anderson In Chicago. Febru-
ary % last. 1t was regarded as in the
hands Of the district attorney for prose-
cution precisely as it. had been I'D to
the time when the new administration
came In.
The only action taken by the depart
menu under the new administration was,
In view of the statement Of the news
papers yesterday of Indications Of what
the ruling of the court might be with
respect to the proof of an established
rate. to send to District Attorney Sims
last evening by telegraph a recent ref
erences to the decision by the United
States Supreme Court in the suit against
the New York Central Railroad Company
in New York. which, it was thought,
might be helpful to the district attorney
in sustaining the position of the govern
ment.
Until fuller statement shall have been
received of the precise point as presented
and decided by the court, the depart
ment will not express any definite opinion
as to it's effect or to the future action
of the department with respect thereto.
ADDEAT NAV DE MAVEN