The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1909-11-24
ing rebates; second. the weighing
frauds; third, the Earle case

ing REBATES; second. the weighing
frauds; third, the Earle case
"These cases were begun by the
Roosevelt administration nearly four
years ago, when Henry l.. Stimson was
appointed federal attorney for the
southern district of New York, with
especial reference to the prosecution
of these offenses.
Big Fines Collected.
1.-THE. result was that in seven
months the sugar trust had been con-
victed and made to pay over four
times as much as any rebate fine ever
before collected under a rebate law.
1.-THE total fines collected from the
American Sugar Refining company
and subsidiary companies were $685.
900, whereas. the largest fine ever be-
fore collected had been $4,000.
"The fine was sufficient in size TO
stop the evil and 1t established legal
precedent without the amount of fine
being exaggerated to an extent which
might have provoked a reaction OF
sentiment.
1.-THE sugar trust which does nearly
40 per cent of the railroad shipping
out of New York City, was effectively
throttled so far as rebating was con-
cerned.
"Since the recent agitation was rails
&c this one question has been con-
stantly repeated:
why were not those people i'm.
prisoned?'
"The answer is simple. At that pc
riod Imprisonment was legally impos'
sible. The. Hepburn law, which re-
stored suspended penalty imprison
| ment, was passed June 80, 1906, under
the Roosevelt administration. Thu
| facts in the sugar rebate cases wer,
brought out previous to the passing
i q this law The sugar rebate pros
ecution began during the debate O.
the Hepburn law and this helped thu
government to pass the measure.
1.-THE sugar rebate campaign ended
in December, 1905. The first weigh
ing fraud was discovered Novembe
20, 1907. Roosevelt and Bonapart'
were keenly interested in the contro
versy and gave every possible assis
lance to the prosecutors.
1.-The trial of the penalty suit agains
the American Sugar company, from
February to March s, 1909, resulted
in a verdict against the company, t.
which the press paid but little atten
ton until Roosevelt took up the Ques
ton personally through the Outlook.
Tho Seventeen Holes.
ut was largely due to Roosevelt
action and to the outlook article tina
the sugar trust offered to pay all tn
sums due from stolen duties.
1.-THE settlement effected consisted o
the restitution of 100000 which ha
been stolen and the payment of f1n
of $4,000.
go -"Some people like to believe tina
the government did not recover any
thing, but those wishing confirmation
that the government recovered every
thing can consult the figures of tn
) settlement made through the secre
tary of the treasury.
ut is important to remember tina
7 while the case started in the Roose
welt administration the settlement wa
approved by President Taft's secretar
of the treasury and his attorney gen
eral.
at is impossible to separate the tw
administrations in the matter. Attor
neys Stimson and Dennison, who wer
: in charge of the matter under Roose
welt, were continued by Taft to win
it up, and Secretary McVeagh and AT
torney General Wickersham hav
backed them up in every way, contir
uing the policy of the previous admin
istration.
Much agitation has been arouse
recently over the Earle case and fol
mer Attorney General Bonaparte's dc
cision not to take it up.
"This was a suit under the Shel
man antitrust law in which Earle, g
receiver for the Philadelphia Sugs
Refining company alleged that he wa
put out of business by a violation {
the antitrust law. Earle is said I
have complained that he went
Washington and tried to interest Bor
: aparte in bringing governmer
prosecution against the American 81
gar Refining company
, 1.-THE law allows injured persons
:. bring private suits. Earle had a pr
vate suit pending. Bonaparte refuse
to take action on the ground that h
did not want the government machir
cry used in the aid of private sui
and the existing conditions were sue
as to construe the statute adversel
to such a decision. The decision {
Judge Holt in the Earle case indicate
that Bonaparte had at least season
able ground for his attitude"